History of Orange County, New York, with illustrations and biographical sketches of many of its pioneers and prominent men, Part 35

Author: Ruttenber, Edward Manning, 1825-1907, comp; Clark, L. H. (Lewis H.)
Publication date: 1881
Publisher: Philadelphia, Everts & Peck
Number of Pages: 1336

USA > New York > Orange County > History of Orange County, New York, with illustrations and biographical sketches of many of its pioneers and prominent men > Part 35

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In 1815 (March 21st) he was appointed by President Madison attorney for the United States in and for the Southern District of New York, and this appointment was renewed Jan. 6, 1816. He was very diligent and efficient in prosecuting those who evaded the law in regard to the sale of foreign merchandise withont a license, and so exasperated did this class of offenders become that they threatened him with personal pun- ishment. Failing to intimidate him, they appealed to Congress on a question of fees, for the purpose of securing his removal from office. The subject was referred to the Committee on the Judiciary, who re- ported that, while Mr. Fisk's fees had been large, and in some instances unsustained by law, he had nevertheless been governed by the usage of the former

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incumbents of the office, and the subject died "on the table." He remained undisturbed until the expira- tion of Madison's administration, in 1820, when his successor was appointed.

As a citizen, Mr. Fisk was highly esteemed. The town records, the files of the public journals, and his own manuscripts bear testimony to the commanding position which he occupied, and to the superiority of | subject of Mr. Ross' qualifications, we cannot pro- his abilities. The most important legal cases were submitted to his care, while on the various local ques- tions of the times his views received the highest con- sideration. In person, he was large, and of a presence that impressed all with whom he had intercourse with a sense of his superiority,-

" A combination, and a form indeed, Where every God did seem to set his seal, To give the world assurance of a man !"

His wife was a lady of more than ordinary personal attractions, lively, witty, and not without fair literary abilities. His family record is as follows : Jonathan Fisk, born Sept. 26, 1773; died July 13, 1832. Sarah Van Kleek, wife of Jonathan Fisk, born March 18, 1773; died June 6, 1832. Children : Theodore S., found dead in the street in New York in 1854 or '55 ; James L., died at Pensacola in 1835 ; Delaphine R. E., married J. C. Bisbee, died July 22, 1846; Mary M., died June 8, 1822; and an infant son, who died at the age of two months.

1801 .- Jonas Storey, Newburgh ; Isaac Hamilton, Newburgh ; William Ross, Newburgh.

JONAS STOREY was born in Norwich, Conn., July 11, 1778 ; died Sept. 22, 1848. He was a graduate of Williams College; taught school at Poughkeepsie, and from thence removed to Newburgh, where he maintained for forty years a distinguished place among the members of his profession. He was quite active in politics in the earlier part of his career, and the candidate for Congress of the Federal or anti-war party in 1814, against Jonathan Fisk, by whom he was overwhelmingly defeated. He gave no little at- tention to religious matters, so much so indeed that he might properly be called a theologian as well as a lawyer. He.retired from the active duties of his pro- fession a few years previous to his death, but the change was disastrous. His mind, released from its long routine of toil, appeared to turn inward upon itself, and reason forsook its throne. His wife was Mary, daughter of Isaac Schultz, of New Windsor. Ilis children were,-1. Henry E., who married Re- becca Cook, is now deceased ; 2. Edwin, who married Abbey Basset Clark, is now deceased ; 3. Helen E., who married Orville M. Smith, is now deceased ; 4. Mary B., who married Daniel Smith ; 5. Nathan S., who married Harriet Smith, is now deceased.

WILLIAM Ross, perhaps the most prominent mem- ber of the class admitted to the bar in 1801, was the son of Robert Ross, of Rossville, Newburgh. He was elected member of Assembly in 1808, 1809, 1811, 1812, 1813, 1814, and chosen Speaker of that body in Feb-

ruary, istl. During the same month he was ap- pointed a master in chancery. Hammond, in his "Political History of New York," speaks of him as an "honest and kind-hearted man," and as being "sincerely and warmly attached" to the Democratic party ; but affirms that he was vain and lacked real talent. In the absence of any knowledge upon the nounce judgment for or against Mr. Hammond's criti- cism. Whatever may have been his failings he en- joyed the esteem and confidence of his constituents, who sufficiently attested their appreciation of him by I transferring him from the Assembly to the Senate, where he served from 1815 to 1822, and while in that position was designated by the Assembly as a member of the Council of Apportionment, and served from 1816 to 1819. He died Sept. 5, 1830, in his fifty-fifth year. His wife (first), Mary S., daughter of John MeLean, died March 31, 1812, aged twenty-six years. His eldest daughter, Mary McLean, married John F. Butterworth. His second wife was Caroline Middle- brook, of Connecticut.

1802 .- Henry G. Wisner, Goshen ; Walter Case, Newburgh.

HENRY G. WISNER .- Probably no name was more closely identified with the early history of Orange County in its relations to the New York Colony, for many years prior and subsequent to the Revolution- ary war, in the early development of its material re- sources, and also as one of the founders of the Ameri- can republic, than that of Henry Wisner, grand father of our subject, son of Hendrick Wisner, the first settler of the family in Orange County about 1714, and grand- son of Johannes Wisner, a subaltern officer in the Swiss contingent of the allied army commanded by the Prince of Orange against Louis XIV. of France, who came to America as a colonist, and settled on Long Island about the time of the Peace of Utrecht, concluded during the reign of Queen Anne, in 1713.

Henry Wisner married Miss Sarah Norton, of Queens Co., L. I., and settled in Goshen, N. Y., where he acquired property and weight of character. He was elected and continued a member of the Colonial Assembly of New York from 1759 to 1769; was a member of the first county committee to consider the grounds of difficulty between Great Britain and her American colonies ; a member of the first Congress that convened at Philadelphia in the autumn of 1774, and signed the non-importation agreement ; was elected, with Peter Clowes, at the annual town meeting held at Goshen, April 4, 1775, a delegate to the Provincial Convention in New York City, and by that body, on April 21, 1775, he was chosen one of the delegates to the Second Continental Congress, where he took part in its patriotic measures, including the wonderfully fortu- nate selection of a commander-in-chief of the Ameri- can armies.

In 1775, feeling the disadvantage the colonies labored under for want of ammunition, he applied himself

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to those necessary arts of making saltpetre and gun- powder, and erected a powder-mill in the south end of Ulster County, which he soon after gave up to his son, Maj. Henry Wisner, and erected two other pow- der-mills in Orange County, in May, 1776.

By letters dated Dec. 21, 1775, and March 28, 1776, addressed to the Provincial Convention, he strongly recommended to the country at large the consideration of this important subject.

He was one of the committee appointed to report the first constitution of the State, and under it was chosen a State senator from the Middle District at the election in 1777, and served until 1782.

In January, 1778, he was one of a committee of four to repair to the Highlands to fix on the place for build- ing fortifications ; the result was the erection at West Point of Fort Arnold and its outworks, including Fort Putnam, the impregnable key to the strategic lines of the army of the Revolution.

After the triumphal close of the Revolution the only public service of Henry Wisner was in the New York Constitutional Convention of 1788, which ratified the United States Constitution.

Henry Wisner was a man, though without superior education, of a clear, strong mind, active and useful, devoted to his country, and very efficient in its early councils, trusted by his fellow-citizens, and the com- panion and friend of its leading patriots.

If his name has disappeared from the records of churches and the stones of graveyards, so that neither his birth nor death can be accurately fixed, and if it does not stand where it really belongs, among the original signers of the Declaration of Independence, it is not likely to be forgotten while many patriotic and honorable descendants remain, and while history still continues busy in hunting up the records of those whose hearts and lives contributed sensible support to the trembling tree of our national liberty when it was first planted and in danger from every breeze of selfish cowardice or calculating distrust.

In 1779, Henry Wisner lost his younger son, Lieut .- Col. Gabriel Wisner, in the battle of Minisink, whom, according to the account in Stone's " Life of Brant," that savage tomahawked after the battle.

Gabriel Wisner married Elizabeth Waters, and his three sisters were Elizabeth, wife of John Denton ; Mary, wife of Phineas Helmes; and Sarah, wife of Moses Phillips.

Their children are William H .; Elizabeth, widow of John E. Phillips; Mary, wife of George C. Miller, of New York ; Samuel T., died in infancy ; Frances, wife of Hon. Ambrose Spencer Murray, of Goshen ; Gabriel H., of New York ; Sarah A., wife of Joseph

H. Coates, of New York; Alma T., died unmarried ; George T., of Goshen ; and Martha.

Mr. Wisner was prepared for college at Farmer's IIall Academy, Goshen, then conducted by the emi- nent teacher and lexicographer, Noah Webster, and was graduated at Princeton in the class of 1799, de- livering the valedictory oration. He read law with George Griffen, Esq., of New York, was admitted to the bar in due course of time, and opened an office for the practice of his profession in that city.

About the year 1810, Mr. Wisner removed with his family, consisting of his wife and two children, and settled at Goshen, where he opened a law-office, and continued a successful practice until his death, which occurred Feb. 20, 1842. Soon after his settlement at Goshen he was elected county clerk, and was the in- cumbent of that office during the war of 1812.

As a member of the bar he stood among the first in his native county, while he had but few equals in the State. Possessed of a clear and lofty intellect, he was enabled to grapple successfully the most difficult ques- tions of law ; endowed with an unusual share of moral courage, he was induced on all occasions fearlessly to pursue the path of duty, regardless of popular favor, while a keen discrimination, with a graceful and con- vincing style in argument, rendered him a most able and successful advocate.

In the discharge of his duty to his client he never forsook the path of honor nor sought to take undue ad- vantage of his adversary. His great legal knowledge, unbending integrity, and frank and honorable course won for him the respect and esteem of his brethren of the bar, and gave great weight to his opinions with the court.

As a citizen he was spirited and enterprising, always ready to contribute of his time, talents, and means to the advancement of the public interest and to the good of his fellow-men. The spirit of benevolence ever prompted him to acts of kindness and charity. To the indigent he was, indeed, a friend and a counselor, whose aid was never invoked in vain. The generous im- pulses of a noble heart were obeyed without ostenta- tion.

As a Christian he was consistent, zealous, and de- voted ; and, in generous support and counsel, he was ever foremost in the promotion of every good work that would contribute to the advancement and pros- perity of the church.

WALTER CASE, of Newburgh, was the son of Rev.

Henry G., son of Gabriel and Elizabeth (Waters) Wisner, was born on the homestead near Goshen, in ' Wheeler Case, of Duchess County, who has some rep- 1777. His wife was Sarah, daughter of Samuel and Phebe Talman, of New York, born in 1784, died in April, 1874, and whom he married in December, 1805. utation among antiquarians through his " Revolution- ary Memorials," embracing poems, published in 1778. He was member of Congress, 1819-21, and surrogate of the county, 1823-27. He removed from Newburgh to Fishkill, where he died. His wife was Sarah, danghter of Jonathan Hasbrouck (2), of Newburgh. His grandson, Walter C. Anthony, is a practicing attorney in Newburgh, and is now serving his second term as district attorney of the county.

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1804 .- William W. Brown, Washingtonville.

countenance, and possessed rare powers of forensic 1805 .- Charles Baker, Newburgh ; John Duer, Go- shen ; Benjamin Anderson, Jr., Newburgh ; Joseph J. Jackson. eloquence. An extraordinary fluent delivery, great command of language, and a rich, full, deep-toned voice, with a dignified, noble carriage, imparted to BENJAMIN ANDERSON, JR., of Newburgh, had, we are told, his principal consequence from the faet that he married the daughter of Phineas Bowman. CHARLES BAKER and JOHN DUER were strong men, although Mr. Baker destroyed his opportunities through intemperance. He was a native of Wind- ham Co., Conn. He graduated at Dartmouth ('o)- lege in 1760, and immediately removed to Sullivan County, where he engaged in school-teaching. his style of eloquence a most impressive effect. While a resident of this county his peculiar qualifications not only gave him high rank in his profession, but drew him into the politics of the times. In this field he unfortunately formed an alliance with the oppo- nents of the war of 1812, and, notwithstanding his abilities, found himself in an overwhelmed minority. With others he sought to regain political standing by stepping to the front after the burning of the national few years later he became a student in the office of capital (1815), but it was then too late. He was quite ; active in local undertakings, and gave tone to Goshen society through his family associations and his per- sonal accomplishments. His wife was Annie Bun- ner, of the city of New York, sister to Rudolf Bunner, who was his first business partner after he located in Goshen. Another brother-in-law, Morris Robinson, the first cashier of the Bank of Orange County, was a son of Beverly Robinson, of the British army, whose father was Col. Beverly Robinson, one of the historic associates in the treason of Benedict Arnold.

William Ross, at Newburgh, and after bis admission to the bar returned to Sullivan County, and opened an office in Bloomingburgh. "He was," says Mr. Quinlan, "a man of undoubted talent, of more than average learning as a lawyer, and much addicted to original thought and expression. So unusual and amusing were his sayings that he was the central figure, to which all eyes were directed, in whatever so- ciety he appeared." His career is fully sketched in Mr. Quinlan's history. He removed from Sullivan County to Newburgh in 1835, and died there May 7, 1839.

JOHN DUER was one of the three sons of Col. Wil- liam Duer, of the army of the Revolution, and was born at Albany, N. Y., Ang. 8, 1782. His mother (Col. Duer's wife) was Catharine Alexander, daugh- tor of Maj .- Gen. Alexander (Lord Stirling), well known in Revolutionary annals. William A. Duer, the older brother of John, was a distinguished lawyer, and for many years judge of the Supreme Court cir- euit of the State of New York. At the age of six- teen years John Duer entered the army, but aban- doned it after two years' service, and commenced the. study of law at Goshen, whither his family had re- moved. Upon the completion of his studies he com- menced the practice of his profession at Goshen, where he was subsequently joined by his brother, Alexander Duer, who lived but a few years, and left two daughters, now Mrs. J. V. Beane and Mrs. David F. Gedney. He removed from Goshen to New York about 1820, and soon took a prominent position at the bar of that city. Upon the passage of the law providing for a revision of the statutes of the State, he was appointed a member of the commission charged with that important work. He was elected a justice of the Superior Court of the city in 1849, and in 1857 became presiding justice. He was the author of a valuable treatise on the "Law and Practice of Marine Insurance," which is regarded as authority not only in the State, but by the bench and bar throughout the United States. He was also the au- thor of other works on legal subjects, and the editor of a series of Superior Court Reports. Ilis death oe- curred Ang. 8, 1858. In person he was of tall and commanding stature, a noble and highly intellectual

1807 .- Edward Ely, Goshen ; Benjamin T. Case, Herman Ruggles, Edward W. James.

EDWARD ELY was member of Assembly in 1815, and surrogate from 1815 to 1820.

1808 .- JONATHAN COOLEY, Newburgh. He was a judge of the Court of Common Pleas in 1815.

1809 .- Hezekiah Belknap, Newburgh; Rudolf Bun- ner, Goshen.

HEZEKIAH BELKNAP was born in 1781, and died in 1814, his death following his election (April) to the next Assembly (1815), of which his name appears on the roll.

RUDOLF BUNNER, the associate of John Duer, re- moved to Newburgh and subsequently to Oswego. He was representative in Congress from the Oswego distriet, 1827-29.

1810 .- Samuel R. Betts, Newburgh; Gilbert O. Fowler, Newburgh ; David Ruggles, Newburgh ; Beverly Kain, Montgomery; Aaron Belknap, New- burgh.

SAMUEL R. BETTS was circuit judge in 1823.

GILBERT O. FOWLER was son of Dr. David Fow- ler, of Newburgh. He graduated with honor at Co- lumbia College, and subsequently pursued the study of law at Newburgh, with Solomon Sleight. He was licensed to practice in 1810; appointed master in chancery in 1816 ; judge of Orange Common Pleas in 1828, and first judge of that court (in place of Samuel S. Seward) in 1833. In the autumn of 1833 he was elected to the Legislature, and as a member of that body was instrumental in securing the passage of the charter of the Highland Bank, and also of the Dela- ware and IIndson Railroad. He was elected presi- dent of the Highland Bank on the organization of that institution, and occupied that position until his

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death. Ile also beld several important military com- missions : was aide-de-camp to Gen. Leonard Smith in 1813; quartermaster of Thirty-fourth Brigade in 1815; aide-de-camp to the major-general of the second divis- ion of infantry in 1816; brigade major and inspector in 1818; brigadier-general of Thirty-fourth Brigade in 1826 (elected in 1825) ; and major-general of Fifth Brigade in 1827. Few men enjoyed to a greater de- gree the confidence of his fellow-citizens or more worthily performed the duties of the public stations which he held. He died in 1843. His sons were Isaac V., lawyer of New York ; James W., surrogate of the county, 1851; and David E., who served as quartermaster under Gen. Sherman. Isaac V. and David E. are now deceased.

AARON BELKNAP was of the old Belknap stock of Newburgh. Samuel R. Betts was associated with him in practice. Aaron Betts Belknap, of New York, recently deceased, was his only surviving son.

1811 .- Joseph H. Jackson, Goshen ; John Antill, Coldenham; John Neitlie, Montgomery ; David W. Bate, Newburgh ; Charles White, Jr., Philo T. Rng- gles, Newburgh ; Thomas Swezey, Goshen ; Joseph ( 'hattle, Mount Hope.

DAVID W. BATE was the most prominent lawyer of this group. Of his family history very little is known beyond the fact that he was son of James Bate, A. Q. G. of the army of the Revolution, and that he was born in Shawangunk, Ulster Co. During the war of 1812 he was appointed brigade-major in Gen. Hopkins' brigade, and went to the lines. The dissolution of the brigade destroyed his usefulness in that station, and he volunteered under Gen. Hampton. In an en- gagement with the enemy under Gen. Provost (Oct. 27, 1813) he was severely wounded, and recovered with considerable difficulty. On his return from the army he resumed practice with William Ross ( Ross « Bate), and continued in his profession until a short time before his death, as the senior member of the firm of Bate & McKissock. He was for several terms supervisor of the town, and was especially useful as a member of the board in the matter of the construc- tion of the present court-houses of the county. In 1847 he was elected county judge under the new con- stitution, and served with credit to his profession. His first wife was Harriet M. Isaacs ; his second, Mrs. Polhamus, who survived him. He left no children, and the bulk of his property went to his nephew. .

1813 .- Samuel W. Eager, Montgomery ; William W. Sackett, Newburgh ; John B. Booth, Goshen.

SAMUEL W. EAGER was a native of Montgomery, and he commenced practice there. He was a man of excellent natural and acquired abilities, but having been unfortunately appointed a justice of the peace when a young man, he acquired habits of indolence that were his besetting sin through life. Ile was elected to Congress for the unexpired term of Hector Craig in 1830. This, aside from local stations,-post- master at Newburgh, police justice of Newburgh,

justice of the peace, etc.,-was his only public official service. As a man and a citizen his character was blameless. Through his " History of Orange County," prepared in 1847, his name and memory have been preserved in many households in his native county. His wife was Catharine, danghter of John McAuley, a merchant of Newburgh. He had four sons,-John M., who practiced law in Newburgh, St. Louis, and New York ; Samuel W., now of Racine, Wis. ; Frank, and another.

WILLIAM W. SACKETT removed from Newburgh to Sullivan County. He was more of a surveyor than a lawyer, and found in his new home successful em- ployment.

JOHN B. BOOTH, of Goshen, is referred to in another connection. He was surrogate of the county from 1831 to 1840.

1814 .- Peter F. Hunn, Newburgh ; Charles Bor- land, Jr., Montgomery.

PETER F. HUxx was the son of John S. Hnnn and Margaret Frenan, and was born May 20, 1794, at Mount Pleasant, N. J. ITis ancestor, on his father's side, was from Holland. His grandfather, Thomas Hunn, married Catharine Van Emburgh, daughter of Peregrim Van Emburgh and Amelia Provost, the latter daughter of Bishop John Provost. On his mother's side he was a descendant of André Fresneau (now Frenean), who, with a large number of French families, left France on the revocation of the Edict of Nantes, in 1685, and settled in New Jersey. The editor and poet Freneau of the Revolutionary era was of this stock. He graduated at Columbia Col- lege, and studied law in the office of Nathan Sanford, afterwards chancellor of the State. His father having received the appointment of cashier of the Bank of Newburgh (1811), he removed to Newburgh with him and entered the office of Jonathan Fisk, where he re- mained until admitted to the bar, when he removed to Sullivan County and commenced the practice of his profession. He was subsequently surrogate, mas- ter in chancery, and district attorney of that county, the duties of which stations he ably and satisfactorily performed. He removed to Newburgh in 1837, where he remained until his death, pursuing his law practice and discharging the duties of justice of the peace. When not otherwise engaged he devoted attention to the construction and copying of maps, and perfected some which were valable. He was a man of varied talents and attainments, and though he did not excel in any particular branch, he exhibited excellence in many. Had he not been a man of extreme modesty and diffidence-evils that formed a part of his very nature and attended him through life-he would have been eminently successful either as a lawyer or a surveyor. He enjoyed the respect of the community and all who had his acquaintance. He died July 31, 1847, in his fifty-fourth year. His wife was Maria T. Griffing, of Monticello, by whom he had five children,-Mary, Margaret, Catharine, Frenean (druggist in New York),

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and John T. (at one time clerk in Tradesmen's Bank).

CHARLES BORLAND, JR., of Montgomery, was a descendant of one of the early settlers (1738) of that town, and was for many years one of its most reputa- ble citizens. He was surrogate in 1844, and special surrogate in 1855. In 1821, and again in 1836, he was eleeted member of Assembly.

1815 .- Charles Monell. Goshen; Wheeler Case, Newburgh ; Charles Humphrey, Newburgh ; L. W. Ruggles ; Samuel J. Wilkin.

CHARLES MONELL was a master and examiner in chancery in 1830. Ile practiced at Goshen for many years.

WHEELER CASE and L. W. RUGGLES are not known to have practiced law in the county, a remark which will apply to others who were admitted to the bar.

CHARLES HUMPHREY removed to Ithaca on the organization there of the Branch Bank of Newburgh, with which he was connected. He was member of Congress from the Tompkins district in 1825-27, and member of Assembly, 1834-36, 1842. His wife was Ann Eliza, daughter of Joseph and Sarah Belknap, of New Windsor, of which town his ancestor, John Humphrey, was one of the first settlers.

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History of Orange County, New York, with illustrations and biographical sketches of many of its pioneers and prominent men, Part 35

Author: Ruttenber, Edward Manning, 1825-1907, comp; Clark, L. H. (Lewis H.) Publication date: 1881 Publisher: Philadelphia, Everts & Peck Number of Pages: 1336

Author: Ruttenber, Edward Manning, 1825-1907, comp; Clark, L. H. (Lewis H.)
Publication date: 1881
Publisher: Philadelphia, Everts & Peck
Number of Pages: 1336