USA > New York > Delaware County > History of Delaware County, and border wars of New York, containing a sketch of the early settlements in the county > Part 30
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AMASA JUNIUS PARKER, L.L.D., LATE JUSTICE OF THE SUPREME COURT.
It is both interesting and instructive to read the biographies 32*
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of those who have, by their own energies, achieved success in this world; appealing as they do, to the hopes and aspirations of the human heart, and teaching the way and manner through which that success has been secured. How many struggling along an adverse path, have been aroused and cheered to renewed efforts by the examples set before them in such lives, and who have themselves in the end attained eminence in learning from the healthy influence which such examples inspire ! The incidents may be few or crowded, vivid or otherwise ; still, if they record the triumph of talent and virtue, they are of great value, and should be sought after and studied.
Few memoirs will, we apprehend; afford more interest and instruction, than that of the eminent jurist whose name heads this article.
Although as citizens of Delaware county, we claim him with pride as our fellow citizen, yet he was born in Connecticut, at Sharon, in the parish of Ellsworth, and county of Litchfield. The region of his birth-place is secluded from the busy world,- a spot of sterile hillsides and stony valleys, but nourishing a race of men, trained in habits of industry, and full of the energy and perseverance which never fail to make way through the difficulties of life. Many are the distinguished men which Litchfield county has produced, men who have trod the path of eminence with a firm step and courageous heart.
The ancestors of Judge Parker were of the old Puritan blood of New England, and residents of the western part of Connecticut for successive generations. Amasa Parker, and Thomas Fenn, his paternal and maternal grandfathers, were soldiers of the Revolution, and widely respected for the sterling virtues of their character; the latter filling various offices of public trust. He was for thirty-eight successive sessions a member of the State legislature. Both were resi- dents throughout their lives of the county of Litchfield, of the above State.
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The subject of our memoir was the eldest son of the Rev. Daniel Parker, who was pastor for almost twenty years of th Congregational church of Ellsworth, Connecticut. He was a graduate of Yale College ; married Anna, the daughter of the above-mentioned Thomas Fenn; and during the time he lived at Ellsworth, established and took charge of an academy which enjoyed a high reputation, and where many men who subse- quently became distinguished, were educated. In 1816, he removed to Greenville, Greene county, New York, and the academy there was placed in his charge. It was under him that the subject of our sketch, then only nine years of age, commenced the study of Latin, continuing in the academy two years. He then went to the Hudson Academy for the same period, and afterwards for three years in the city of New York.
Eager for information, the son received from the father the most devoted educational information. He obtained for him the best instructors in the country; and it was thus that the first foundations of that fine classical learning and taste for belles-lettres, that, independently of his professional attainments, distinguish Judge Parker, were laid. Such was his diligence, that at the age of sixteen he had completed the usual course of collegiate study. At the same immature age, May, 1823, he was made the principal of the Hudson Academy, and continued in that capacity for four years.
Under his supervision, the academy was placed in a most prosperous condition, and attained a wide reputation ; and such was his youth, that many of his pupils, since distin- guished, were older than himself. He was not, up to that time a college graduate; but in consequence of a rival academy adducing this as an objection to the young principal, he, in July, 1825, caused himself to be examined at Union College for the entire collegiate course. He passed the ordeal trium- phantly, graduated with the senior class, and obtained his
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degree of Bachelor of Arts; and afterwards in due course received the degree of Master of Arts.
After graduating, he resumed his duty at the academy; and during the latter portion of his career here, he entered the office of the present Judge John W. Edmonds, then of Hud- son, to prosecute the study of the law.
In the spring of 1827 he resigned his trust as principal of the Hudson Academy, and at the age of twenty, removed to Delhi, where his uncle Col. Amasa Parker, a lawyer of dis- tinction, was practising his profession. He entered the office of his uncle, finished his studies, and in 1828, at the age of twenty-one, was admitted to the bar. He then became a partner of his uncle, and for fifteen years a very large practice engaged the attention of the firm.
The professional business of these two gentlemen is said to have been the most extensive country practice in the State, and the most systematically conducted. Col. Amasa Parker was a lawyer of thorough reading, long experience, and pro- verbial integrity. He preferred however, to leave his part- ner to discharge the duty of trying and arguing causes. This division of labor could not fail to give to the subject of this memoir great experience in the various courts. It is said that he had tried more causes at the circuits than any young man of his age in the State at the time of his elevation to the bench.
We recollect seeing him in attendance at one of the Ulster circuits, where he was engaged as counsel in every cause tried, the court lasting two weeks. His opponent throughout, was that veteran of the bar from Poughkeepsie, General Swift. The circuits in Ulster were then held by Judge Ruggles, late a member of the Court of Appeals : and for years it scemed a matter of course, if one of the parties employed as counsel at that circuit either Mr. Parker or General Swift, the other of the two was immediately engaged on the opposite side.
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Judge Parker was always distinguished for the energy of his character, and the promptitude of his business habits. It was a rule of his office that no business letter should remain on the table unanswered over a single return of mail. He had great facility in the dispatch of business, and with his untiring industry and application, and the admirable system adopted and enforced in his law-office, the amount of business was as large as it was various and diversified in character.
It was not only as a lawyer, however, that Judge Parker became known to the public. He was called into the political arena. In the fall of 1833, he was elected a democratic mem- ber of the State legislature, and was placed on the committee on ways and means, and in other prominent situations, during the ensuing session. In the subsequent year, being then twenty-seven years old, he was elected by the legislature a Regent of the University ; younger than any one ever before, or since that time, made a member of that distinguished body.
At twenty-nine, he was elected without opposition to Con- gress, from the counties of Broome and Delaware, then form- ing a congressional district. During his term he acted upon important committees, and addressed the House upon many important subjects, amongst which were the Mississippi elec- tion case, the Public Lands, and the Cilley Duel, preserved in the columns of the "Congressional Globe." All his speeches were of a high order, and upon the former subject, which was of a very intricate kind, his effort called out the praises of both parties, as most masterly, and shedding the clearest light upon it.
In 1839, he was nominated as senator in the Third Senato- rial District of this State. Great excitement prevailed ; as a successor to Nathaniel P. Tallmadge, in the Senate of the United States, was to be chosen at the ensuing legislature. About fifty thousand votes were cast. In consequence of the
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unwonted exertions used, the whig candidate, Gen. Root, pre- vailed, although by a majority of only a few votes.
The five years that followed, were employed by Mr. Parker in the energetic and laborious practice of his profession. At the end of that time, in 1844, he was appointed Circuit Judge of the third Circuit, when he removed to Albany, where he has continued to reside until the present time.
The duties of this distinguished post were most arduous, combining, as they did, those of a judge of the Circuit, and vice-chancellor of the Court of Equity. To them he devoted, untiringly, the best energies of his mind, and met in an un- faltering manner his great responsibilities.
The same promptness and system which distinguished him as a lawyer, characterized him as a judge, and enabled him to dispose of an almost incredible amount of business.
In 1845, he held the Delaware Circuit, and no greater re- sponsibility was ever cast upon a judge, than fell to the lot of Judge Parker, in holding that court. The county had been de- clared in a state of insurrection, (see chapter XI.) by the gover- nor, in consequence of the violent resistance made to the laws. Assemblages numbering two or three hundred persons, armed and disguised as Indians, had appeared in different parts of the county, and set the law and its officers at defiance. Under- sheriff Steele had been 'shot down while engaged in the dis- charge of an official duty, under the painful circumstances already fully narrated. The governor had therefore found it necessary to call into service a military force, which had been maintained at the county seat for several weeks, by whose aid arrests had been made, and public order maintained.
The jail of the county, and two temporary jails, had been filled with prisoners, charged with every grade of crime, from murder down to misdemeanor. It was under such a state of things, and in the midst of an excited community, divided in opinion as to the causes which had led to the commission of
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such crimes, that Judge Parker opened the Court of Oyer and Terminer .. He found over one hundred prisoners confined. He announced, that he should continue court until every indict- ment was tried, and the jails all cleared. The Attorney Gene- ral, aided by Samuel Sherwood, Esq., assisted the District Attorney on the part of the people, and the prisoners were de- fended by other distinguished counsel. The trials progressed one by one, with untiring perseverance; and at the end of the third week, the jails were cleared, every case having been dis- posed of, by conviction or otherwise. Two were sentenced to death, thirteen to imprisonment in the State prison,* some for life, and others for a less period; and for the lighter offences, fines were in many cases imposed. The course pursued by Judge Parker, met with general approbation. While the anti- renters who had openly violated the laws, felt that the hand of justice had fallen heavily upon them, and were satisfied that the law could no longer be resisted with impunity, the more intelligent among them, were also ready frankly to acknowledge, that justice had been tempered with mercy.
After the adjournment of the court, the military force was discharged, peace was restored, and in no instance, has resist- ance to process since occurred in that county.
In the summer of 1846, Geneva College conferred the degree of L.L.D. upon him, a distinction eminently due to his well known attainments as a scholar and jurist.
In the same year, his term of office ended with the constitution then existing and under the present one, adopted at that time, he was elected a justice of the Supreme Court of the State of New York, the duties of which office he continued to discharge
until the expiration of the term, with distinguised ability. It was conferred upon him by the votes of not only his own party, but of a large number upon the opposite side, the suffrages
* See note, 1 Parker's Criminal Reports, published in 1845,
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being given as a token of the confidence and respect enter- tained for him in the Third Judicial District, from which he was elected.
It has been frequently remarked of him, that he has never since his accession to the bench, either as Circuit or Supreme Court Judge, failed to be present to open court at the precise minute appointed. Not a moment of time was thus lost ; the members of the bar, and all others attending court, being ex- pected, and thus by example, soon learned to practise similar promptness. A writer in describing one of his circuits, says, " he accomplishes an infinity of business with the precision of machinery."
At the organization of the Law Department of the Univer- sity of Albany, in 1851, Judge Parker was appointed one of its professors, and since that time, has devoted every year a portion of time to lecturing before that department. Cooper- ating with the other able professors associated with him, Judge Harris, and Professor Dean, the law school has been constantly increasing in numbers, and has now become one of the most flourishing institutions in the country. The thoroughness of its instruction, and the high standard of excellence demanded for its graduates, have already given to this department of the University a distinguished reputation, and made its impress upon the character of the profession. Its students are found settling in all the northern, western, and most of the southern States.
Judge Parker has recently commenced the publication of a series of Criminal Reports, of which the first volume only, has yet been published. It is said the second volume is now in press.
Such is the career of one who received no patrimony but his education, and had no aids but his own energies and talents. How he has succeeded, this "plain unvarnished" memoir re- lates. It furnishes the loftiest evidence of the mighty force of
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industry, perseverance and integrity, in elevating those who practise these severe but benign virtues.
As a public speaker, Judge Parker is of superior excellence. His voice is melodious and well cultivated, his bearing is dig- nified, his language is fluent and well chosen, and his ideas are clear and abundant. In extemporaneous speaking, he has few equals in the State. Always ready to meet an occasion, his off-hand powers of addressing an assemblage are remarka- ble. In circumstances where he might well have been at fault, surrounded with the loftiest and most dignified in the land, with' celebrated statesmen and orators, we have known him called out without a moment's notice to address the company, and have witnessed the triumph of his eloquence.
His speech at Dunkirk, at the celebration of the New York and Erie Railroad completion, with President Fillmore, Mr. Webster, Mr. Crittenden, and others of the Cabinet, a host of dignitaries and gentlemen from all parts of the State, around him, and his remarks at the Webster dinner, in Albany, in June last, and at the Litchfield celebration, exhibited conclu- sively his powers in this respect.
In 1853, Judge Parker availed himself of an opportunity afforded him by a summer vacation, to make a hasty visit to Europe, in pursuit of the advantages to be derived from obser- vation, and the benefits of relaxation from mental labor. In a hurried term of a little over two months, he was enabled, by the modern facilities of travelling, to visit different parts of Great Britain and Ireland, and a large portion of Conti- nental Europe. Judge Parker was well received by the members of his profession, and as the guest of the Law Reform Association of England, at their annual dinner, Lord Broug- ham presiding, was called upon to explain the results of the recent law reforms made in this State, and particularly of the uniting of law and equity powers in the same tribunal. The favorable impression made by Judge Parker, secured to him
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many tokens of respect, and the kindest civilities from the bench and the bar. 1
- The term of Judge Parker as Justice of the Supreme Court being about to expire, he was again, in September, 1855, unanimously put in nomination for reelection, by the demo- cratic convention of his district, at which both sections of that party were fully represented. In the unsettled state of political affairs, two other candidates were also nominated by other parties for the same office. The result of the canvass, showed the election of Judge Gould, the worthy candidate of the American (K. N.) party, by a little over one thousand majority .. The result was equally a surprise to all parties : but on learn- ing the comparative strength of political parties in the dis- trict, it was plain that no different result could reasonably have been anticipated. Judge Parker received at the election the undivided and cordial support of both sections of his own party, the almost undivided support of the members of the bar of the district, and of the leading and intelligent men of all parties. The result showed he was largely in advance of his ticket in every county in his district. He received four or five thousand more votes than any other candidate running on the same ticket. If he had been beaten by a party vote, the majority of his successful competitor would have been about six thousand. It is complimentary to the personal character of Judge Parker, that in Albany, the city of his residence, he was so generally voted for, without distinction of party, that he received a majority of nearly fifteen hundred.
In the peculiar state of parties, and with reference to the overwhelming strength in his district of the successful party, the result of the election is a proud personal triumph to Judge Parker. The expressions of the public press of different par- ties, in every portion of the State, are full of regret for the result, and have led to the rediscussion of the question, how far
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the system of electing the judiciary can be safely relied upon, in times of great political excitement.
To Judge Parker, personally, a release from the cares and labors of the Bench, and an opportunity of resuming for a
time, his professional pursuits, can bring no regrets. He will gladly avail himself of the repose it affords him, after so many years of severe intellectual and physical toil,-a repose that will only give additional energy to the strength and vigor of middle age.
On his retirement from the bench, the following correspon- dence took place between the subject of this memoir and the Albany bar.
As a man and a citizen, Judge Parker has won the esteem.and respect of all who know him. His temper is singularly equa- ble and amiable, his heart kind and capacious, his disposi- tion frank, manly and generous. His person is dignified, his countenance beaming with a smile, and his manners, polished in the best society, are easy, bland and courteous.
Shortly after Judge Parker had retired from the bench, he received a communication from a large number of the most distinguished members of the bar, of the city of Albany, who, to use their own expression, " entertaining a high regard for the ability, courtesy, and impartiality evinced by you, in the dis- charge of your late judicial duties, are desirous of offering you, on your retirement from the bench, some expression of their respect and appreciation.
".They therefore earnestly request, that you permit your bust to be sculptured, and when completed, deposited in the law department of the State Library."
In his reply, acceding to so flattering an expression of esteem, Judge Parker says: "The term of my judicial service, has been one of great interest in the jurisprudence of the State. It has covered the period of transition from an old to a new system of practice, a new organization of the courts, and the
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uniting of both law and equity powers in the same tribunal. It might well be supposed such radical changes would greatly increase the labors of the judiciary, and embarrass, for a time at least, the practitioners at the bar. It was only by mutual effort, that the difficulties could be overcome, and the progress of the public business facilitated. In earnestly endeavoring, without stint of toil, to give the utmost efficiency to our present system, and to dispatch promptly the business of the courts, I have never ceased to be sensible how much my labors were lightened by the assiduity and learning of the bar, and rendered agreeable by the kindness and courtesy, which have uniformly characterized your whole intercourse with me.
"I shall resume my place among you, justly proud of my pro- fessional associations, and enjoying, though with different rela- tions, the unchanged sentiments of personal respect and regard with which, I am,
" Very truly, your friend, " AMASA J. PARKER. "To Messrs. P. GANSEVOORT, JOHN H. REYNOLDS, C. M. JENKINS, JOHN K. PORTERS, and others of the Albany bar."
HON. JOEL T. HEADLEY. This distinguished writer, and the present Secretary of State, was born at Walton, Delaware county, December 30, 1814. His father, the Rev. Mr. Head- ley, was one of the first Presbyterian ministers in the county,' and for some years preached at Walton. He had seven chil- dren, of which the subject of the present sketch was the fourth ; three of them were girls, and four boys. The two eldest daughters are now dead. The oldest, Eliza, married a Rev. Mr. Brown, a descendant of President. Edwards, the second, Catha- rine, married Rev. Alvah Selly, and died some years since in Gorham, Ontario county, in this State.
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The eldest son died about a year since, at St. Thomas, in the West Indies, whither he had gone for his health. The next daughter, Irene, who was younger than the subject of the pre- sent sketch, married Wm. Burr, of New York city, and is now living in Pontiac, Michigan. The next brother, younger, Phineas C., is a clergyman, and is now settled in Sandwich, Mass. The youngest son, Wm. S., is a physician, now practis- ing his profession in Owego, Tioga county.
Joel entered Union College, and graduated in 1839, and having fixed upon theology as his future sphere, studied at Auburn, where he prepared himself for the important duties of the ministry. Having perfected himself in the theoreti- cal part, and by dint of application, stored his mind with those important truths which were to prove the foundation of his future course, he entered the ministry, and preached for a short time at Stockbridge, Berkshire county, Mass. Possess- ing naturally a weak constitution, it is not strange, that it should have proved unable to sustain and bear up under the labors of so vigorous and active a mind, and consequently, when he entered the practical field of his profession, he found his constitution and health rapidly giving way, warning him of the danger of yielding himself up to a sedentary employment.
He now resolved to travel, and marked out in his mind a plan of travel in foreign countries, that would occupy a term of years. His health, however, becoming worse rather than better, he did not carry out his original intentions, but hastened his return to America. Arriving in Italy, he spent several months on that classic soil, his mind drinking in the luxuriant beauties of that far-famed clime, while his vivid imagination was permitted to expand, beneath those ideal beauties, which afterwards so conspicuously distinguished his writings.
Passing out of Italy, he travelled through Switzerland, Ger- many, Netherlands, Belgium and France, thence passed over 33*
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into England, and Wales, and finally returned home before the end of the second year.
The first publication of Mr. Headley, was a translation from the German, which appeared anonymously in 1844. The suc- ceeding year, 1845, he published letters from Italy, Holland, " Alps and the Rhine." In 1846, " Napoleon and his Mar- shals," and "The Sacred Mountains." These books at once attained a wide circulation, and acquired a popularity for their author seldom equalled. A distinguished reviewer thus com- ments :
"The advent of a popular book, is about as evident, from certain attending signs, as the appearance of a comet among the steady and familiar bodies of the solar system. On the occurrence of the heavenly phenomenon, astronomers are busy in the investigation of its appearance and laws; the learned professor wheels out his long telescope, and gazes the livelong night at the misty thing he has espied in one of the constella- tions. His acurate pupil turns to his books, to determine the element of its orbit, and whether it is Enckle's or Halley's ; men stand in crowds watching its flight from star to star- journals of science, and heralds of news, spread authentic infor- mation of its progress, rate of velocity, and time of disap- pearance ; and he who had not seen the celestial wonder, would know that it had actually appeared. It was somewhat so with the terrestial phenomenon. As soon as it is fairly ' out' in the shape of letters from abroad, a romance, tragedy, a volume of poetry, or biography of warriors, literary circles are busy in the discussion of its merits, according to the established rules of criticism. Reviews, journals, magazines, quarterlies, and penny papers, are filled with extracts and comments. Circu- lating libraries of ' choice reading,' circulate with new velocity -there is a buzz in the saloons of Washington or Saratoga at the issue of ' Napoleon and his Marshals.' The bookseller, reduced to his ' last copy,' 'assures his eager customers ' that a
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