USA > New York > Rensselaer County > Landmarks of Rensselaer county, New York, pt 1 > Part 18
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sequently read law with John Russell, another lawyer of repute, in the early days of Troy, and was admitted to the bar in 1811. An interest in the politics of the nation was developed in his youth; his approval of the foreign policy of Jefferson and Madison was pronounced and open, and he became a warm and cager defender of their administration of public affairs. Fully believing it to be his duty to defend by his sword the principles maintained in discussion, he, with many other citizens of Troy, volunteered his services to Governor Tompkins to repress the insolent aggres- sions of Great Britain. A Democratie Council of Appointment, in January, 1815, removed De Witt Clinton from the mayoralty of the city of New York, as a political measure, and now Mr. Clinton, having attained the ascendancy in the Council of Appointment, caused the removal of Mr. Marcy from the recordership of Troy on similar grounds, and de ignated one of his friends to fill that position on
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June 16, 1818. About this time Mr. Marcy formed a law partnership with the late Jacob L. Lane, which continued during the remainder of his abode in Troy. On February 21, 1821, he was made adjutant general of the State, which position he held for two years. In the spring of 1821 he was again appointed recorder of the city of Troy, and served as such for two years also. On February 18, 1823, he was appointed comptroller of the State, and soon after removed from Troy and took up his residence in Albany. He continued in the office of comptroller for six years, and during the same period was a regent of the University. During 1829 and 3830 he was an assistant justice of the Supreme Court of this State; was appointed United States senator on February 1, 1831, and held this position until December 31, 1831, when he resigned it in order to become governor of the State. For three terms, and until the end of 1838, he served in this capacity, having been defeated for a fourth term by William Il. Seward. He was secretary of war during the presidency of James K. Polk, and secretary of state under President Franklin Pierce.
It may be safely said that the American republic has produced few minds, if any, superior to that of our Trojan statesman, William L. Marcy.
Mr. Hall in referring to the work of John Paine Cushman, said :
Born at Pomfret, in Connecticut, on March 8, 1784, and springing from an ances- try that blossomed in this land from the Mayflower of the Pilgrims, he was true to the heritage of worth which was his own peculiar possession. Having graduated at Vale college in 1807, he soon after began the study of law at the celebrated law school at Litchfield, Conn., . . and after remaining there about a year was admitted to practice law in the courts of his native State. He subsequently read law in the office of the venerable Abraham Van Vechten of Albany, but finally fixing his residence in Troy in the year 1809, spent a brief period in legal study in the office of William M. Bliss, and soon after commenced practice in the courts of this State. At the age of thirty-two, having received a nomination as representative in Congress from the Rensselaer district, he was elected to that position and held it from March 1, 1817, to March 4, 1819. His knowledge of the law received recognition in his election as recorder of Troy in 183, which position he held until ISES when he was appointed curent judge of the third circuit. In addition to the others held by him already named, he was a regent of the University of the State of New York from 1830 to 1831, and was a trustee of Union college.
Roswell A. Parmenter, in commenting npon the services of the lion. William A. Beach, said :
In his professional career William A. Beach survived three epochs. While, com- paratively speaking, a young practitioner, he attained the leadership of the Saratoga bar. In his mature years and more perfected judgment he selected the city of Troy as the theatre of Ins local practice of the law, where, by common consent, he became the trusted oracle of the Troy bar. Subsequently he removed to the city of New York, then, as now, the commercial metropolis of the western hemisphere. There, also, in the midst of giants of the profession, he again took a front rank and main- tained it with undimmed lustre for fifteen years, when he retired from the arena of professional contest with colors still flying at masthead, but with a clear forecast of
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his own early demise. . . Whatever fame now belongs or shall be hereafter awarded to William A. Beach was acquired by him in his private capacity, and in the ordinary practice of his professional life when engaged in establishing or defending the legal rights of others and not of himself. Ile demonstrated the great truth that man at times makes the eireunistanees under which he acquires distinction among his fellow men. . . Ile possessed in a large degree quick perception, sound judgment, critical discrimination and an analytical mind. . . lle never lagged behind when duty called him to the front. That characteristic was eminently displayed by him in the celebrated trial of Theodore Tilton against Henry Ward Beecher. . . On either side the array of eminent counsel was formidable, but their strength and courage had become exhausted, so great had been the labor, strain and responsibility imposed upon them. One of them. however, faced the closing ordeal with unparalleled heroism and undaunted resolution. That man was William A. Beach. . . . Not unmindful of the responsibility here assumed, or of the criticism it may invoke, I shall in this presence firmly contend, as I do sin- cerely believe, that as an orator in the judicial forum William A. Beach was the peer of Demosthenes or Cicero, or both combined.
Of David Bull, jr., Benjamin II. Hall said:
He was born in Litchfield, Conn., on October 22, 1784, and came to Troy when he was fourteen years old, with his father. Here he prepared hunself for college, and was graduated at Williams in 1805. His legal studies were pursued in Troy in the office of hus brother-in law, John Bird, and subsequently at Albany, first with Daniel Jones, then with Mr. Beers, and then with the great lawyer, long beloved as the " Father of the Bar," Abraham Van Vechten. With the latter he remained as a student until he was admitted to the bar as an attorney of the Supreme Court in 1808, soon after which he began the practice of his profession in froy. . In ISIS he was appointed a judge of the County Court of Rensselaer county, and on the death of Josiah Masters in 1823, was made first judge of the same court, and con- tinned in this position until his resignation in 1828. His high social position, coupled with his studious life, and his recognized ability, made him the trusted friend and advised of the most prominent citi ens in this portion of the state and hisadvice and direction were eagerly sought. The tribute pud to his great worth, las scholarly attamments and his unsullied career, is thus recorded by one of his sons, who for many years was a member of our profession and an honored citizen of this municipality : " The united expression of the community, in the midst of which he passed a long and honorable life, was one of veneration and regard for a citizen whose life was distinguished by its purity and integrity, not less than by its high intellectual achievements."
Of George Gould, Franklin J. Parmenter said :
George Gonld was the son of that emment jurist and legal instructor, James Gonld, LL. D., who kept the famous school in Litchfield, Conn. Here, under the paternal roof, George Gould was born on the 2d of September, 1807. . . . Gould graduated with distinction at Vale college in 1821. . Sixty years ago our enty was not so beautiful and attractive as it is to-day, nevertheless at that time
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thither came George Gould, then a handsome young man with twenty-two years sitting gracefully upon an ample white brow surrounded by a profusion of irresistible black curls. . . Ile formed his first law partnership with the late Hon. George R. Davis, a gentleman whom the past generation held in affection and esteem for his pleasant, genial companionship and for his sterling qualities as a lawyer and legis- lator. . Judge Gould continued in active practice at the Troy bar for about twenty-five years, though for some years before he left the bar to assume the duties of a justice of the Supreme Court, his labors as treasurer and legal adviser of the Troy and Boston Railroad company, the management of the large estate of his father-in law | George Vail], and various other matters drew him away from the courts. But during the period named his industry, his classical scholarship, his quick perception of legal principles, his readiness to turn them against an adversary, combined with his great natural abilities, had brought him to the front rank of his profession. Ile held various offices, more of trust than of profit. Our citizens in 1852 gave proof of their esteem and confidence by electing him for their mayor. When elevated to the bench of the Supreme Court in 1855. Gould was an active member of the American party, to which he was indebted for his nomination. As a judicial officer Judge Gould has had few superiors. He brought to the discharge of his duties a mature judgment, a ripe scholarship, a more than ordinary acquaintance with the literature of Greece and Rome, a thorough knowledge of law in its multifarious bearings and a quick application of its principles. In 1860 he conferred an enduring favor on the bar of our State by editing and adapting to our code his father's celebrated " Treatise on the Principles of Pleading." In the full vigor of his great mental powers, in the sixty-second year of his age, at his residence in Troy, on the 6th day of Deceni- ber, 1868, this eminent and much loved man, peacefully and quietly and with hope that springs from a blameless and useful life, passed to a higher court than ours.
John Woodworth was born at Schodack November 12, 1268; was graduated from Yale college at the age of 20 years; immediately began the study of law in Albany and was admitted to the bar in 19], when he removed to Troy to practice his profession. lu 196 he was ap- pointed surrogate and held that office until his appointment as attorney- general of the State of New York in 1804. He was postmaster for Troy from 1997 until 1799 and was one of the most influential of the organ- izers of the Troy library. Comparatively early in life he became one of the most distinguished lawyers in the State, and on March 27, 1819, he was honored by an appointment to the Supreme Court bench, In later life he removed to Albany, where he died July 1, 1858, at the age of 90 years. He was the author of a historical work on Troy, which is considered about the most valuable of the earliest compilations of facts and reminiscences of prominent men and things of the city.
John Bird was the son of Dr. Seth Bird of Litchfield, Conn., and a graduate of Yale college. Hle commeneed the study of law in 1986 and
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was admitted to practice in his native State. In 1791 he removed to Troy and practiced his profession there with great success until his death, which occurred in 1806. Ilis integrity was never questioned and his character was in all ways above reproach. Although he died at the early age of 37 years, his reputation as a lawyer was very high. Ile was a genius of high order, a brilliant and impressive orator, a sharp debater and reasoner and frequently " charming in his display of eloquence."
John D. Willard, the son of a clergyman, was born at Lancaster, N. II., November 4, 1799, was edneated at Dartmouth college, where he was graduated at the early age of 19 years. Ile began the study of law in Chenango county, New York, and completed it in Troy with Judge MeConihe, being admitted to the bar in 1826. A year later he was appointed surrogate of Rensselaer county by Governor De Witt Clinton, but the Senate refused to confirm the appointment for politi- cal reasons. In 1831 Governor William L. Marcy appointed him judge of the Court of Common Pleas, an office in which he served for six years. At the end of this time he voluntarily retired to private prac- tice. Ile was a prominent Mason and grand master of the Grand lodge of the State of New York at the time of the memorable division of the order. He also edited the Troy Sentinel before he became judge of the Court of Common Pleas. In 1857 the Democrats sent him to the State Senate, where he served with ability. He died October 9, 1864.
Samuel G. Huntington was the son of Rev. Enoch Huntington and was born May 21, 1782, at Middletown, Conn. He was also a nephew and namesake of Samuel Huntington, one of the signers of the Decla- ration of Independence, president of the colonial congress and after- wards governor of Connecticut. He was graduated from Vale college at the age of eighteen years and a few years later was admitted to the bar in Middlesex county, Connecticut. In 1806 he removed to Water- ford, Saratoga county, N. Y., and in 1825, then a distinguished law- yer, he removed to Troy. He was an anthority on real estate law and his counsels were largely sought by his contemporaries. During the term of office of Governor Clinton he was made judge of the Court of Common Pleas for Rensselaer county. He died July 5, 1851.
Rufus Marsh Townsend was born August 1, 1806, at Hancock, Mass., the son of Nathaniel and Cynthia Marsh Townsend, and a brother of Martin Ingham Townsend. With his two brothers he was fitted for Williams college in his father's house under private instructors. He
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was graduated from Williams in 1830. After teaching in an academy at Stockbridge, Mass,, for one year he removed to Troy and studied law with John P. Cushman and David L. Seymour, and at the end of three years began what proved to be a very successful practice. His death occurred January 14, 1888.
Francis Norton Mann was a native of Milton, Saratoga county, where he was born June 19, 1802, the son of Jeremiah Mann and Lydia Nor- ton. He was educated at the Lansingburgh academy and Union col- lege, being graduated from the latter institution in 1825. The follow- ing fall he began the study of law in the office of Ashley Sampson and John Dickson in Rochester, then with Daniel Cady in Johnstown, com- pleting his studies with Samuel G, Huntington in Troy. He was ad- mitted to the bar in 1828 and immediately opened an office in Troy. After serving as supervisor and alderman, he was a judge of the Court of Common Pleas from 1840 to 1815, and in 1847 was chosen mayor of Troy, being re-elected three times by increasing majorities. During his long career he was distinguished for his integrity in his professional, his official and his business life. He died February 8, 1880.
Robert Henry Mcclellan was born in Schodack December 28, 1826, and was graduated from Union college in 1845. He began the study of medicine in the office of his father, Dr. Samuel Mcclellan, but aban- doned it for the law, and was admitted to the bar in 1848. In 1849 he went to California, and in 1852 returned and located at Nassau. In 185t and 1855 he served that town as supervisor, and in the fall of the latter year was elected surrogate as the candidate of the American party In 1860 he resumed his private law practice, in Troy, and seven years later formed a partnership with James Lansing. Mr. Me- Clellan was the author of a legal guide for executors, and also a treatise on practice in the Surrogate's Court, and the duties of executors, ad- ministrators and guardians. His death occurred April 21, 1893.
James Forsyth was born in the town of Peru (now Ausable), N. Y., September 8, 1817. He was educated at the Keeseville academy and the University of Vermont, from which he was graduated in 1839. He was admitted to the bar at Keeseville in 1842, and came to Troy the following year and formed a law partnership with Hiram P. Hunt, then member of congress. Three years later he began to practice alone, but subsequently became associated consecutively with Charles R. Richards, Sewall Sergeant, Edgar L. Fursman and Esek Cowen. Governor Morgan made him chairman of the war committee of Rens-
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selaer county in 1861, and by appointment of President Lincoln he was provost marshal of this district from July 1, 1864, to the end of the war. In 1868 and 1869 he was United States collector of internal revenue in this district. Among the other important offices he filled were those of attorney and then secretary and treasurer of the Rens- selaer and Saratoga railroad and the Troy Union railroad; director, attorney and counsel of the Commercial bank of Troy and of the Troy City National bank; president of the Troy and West Troy Bridge com- pany; trustee of the Union Trust company of New York; trustee of the Troy Female seminary and of the Rensselaer Polytechnic institute, and president of the latter institution from 1868 to 1886. His career, which was in all respects an honorable one, ended August 10, 1886.
Giles B. Kellogg, who in his declining years has removed to Ben nington, Vt., may properly be classed among the members of the Rensselaer county bar, for in this county his legal career began, and we might say ended. He is the Nestor of the Rensselaer county bar. Mr. Kellogg was born at Williamstown, Mass., March 28, 1808, and was graduated from Williams college in 1829. He studied law at Salem, removed to Troy in 1830 and was admitted to the bar two years later. For ten years he was editor of the Troy Northern Budget; and before the abolition of the Court of Chancery he was for several years a master and examiner therein. He has also held other positions of trust. From 1868 to 1878 he was a trustee of Williams college, and for many years was an influential member of the Third Presbyterian church of Troy. He gave up the practice of the law February 4, 1883, having removed to Bennington, Vt., his present home, two years previous.
Ebenezer Smith Strait was a native of Stephentown, Rensselaer county, where he was born May 28, 1821, the son of Meshach Strait and Aphia Smith. In 1819, after a three years' course of study, he was admitted to the bar, and soon after removed to Nassan to practice. Ile represented his distriet in the Assembly in 1857 and 1863; in 1867 he was elected surrogate of Rensselaer county and removed to Troy, where he resided until his death. February 1, 1871, he resigned the surrogateship to become county judge to succeed the Hon. Jeremiah Romeyn, who had died, and the next fall was elected to succeed him- self. At the expiration of his term of office in 1877 he was re-elected by a large majority. Judge Strait was always regarded as a pains- taking lawyer and a faithful and devoted servant to public interests. He died September 7, 1881.
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Isaac Grant Thompson was born in Rensselaer county in 1840. Early in life he taught school, but later studied faw and was admitted to the bar in 1865. In 1869 he became city editor of the Troy Daily Press, at the same time beginning the compilation of some of his legal treatises. In 1870 he founded the Albany Law Journal and the year following began the publication of the American Reports. He contin- ued to edit the Albany Law Journal and American Reports up to the time of his death, which occurred at Saratoga Springs, N. Y., August 30, 1849. In the mean time he wrote a treatise on the Law of High- ways, a treatise on Provisional Remedies, edited an edition of Warren's Law Studies, supplying a chapter on the study of Forensic Eloquence; compiled a volume of National Bank Cases, a manual for supervisors, assessors, town clerks and collectors; wrote a digest for the first twenty-four volumes of the American Reports, assisted in editing the Supreme Court Reports of New York, which effected a revolution in the court reporting system in this State; and at the time of his death was engaged upon the most important law treatise of his life, which he left unfinished.
Irving Browne, now a resident of Buffalo, is the son of Rev. Lewis C. Browne and Harriet Hand, and was born at Marshall, Oneida county, N. Y., September 14, 1835. In 1853 he began the study of law in Hudson, N. Y., and was graduated from the Albany Law School in 1857. After spending six months as a law clerk in New York city he entered into partnership with Rufus M. Townsend and Martin I Townsend in Troy. These relations ceased in 1878 and for over a year Mr. Brown practiced alone. In the fall of 1879, upon the death of Isane Grant Thompson, he became the editor of the Albany Law Jour- nal, a position he has filled until recently with great credit to himself and to the benefit of thousands of lawyers in every State in the Union and in about every other civilized country. Ile has since removed to Buffalo.
Thomas Clowes was born at Marblehead, Mass., August 5, 1791. In 1808 he went to live with an uncle in the town of Brunswick and later removed to Troy and entered the law office of Ross & MeConihe as a law student For several years he was owner and editor of the Troy Northern Budget. He was appointed postmaster of Troy by President Taylor, and served fifteen months. Ile was subsequently appointed to the office by President Lincoln, and then by President Johnson, but died April 9, 1866, before he entered upon the duties of his office. Mr.
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Clowes was surrogate from 1811 to 1827, recorder from 1823 to 1828, county treasurer in 1832 and State assessor in 1849 and 1850. He also held several other offices.
Levi Smith was born in Richford, Vt., in 1823, and after a brief career as school teacher and clerk, he entered upon the study of law in Potsdam, N. Y. He came to Troy in 1845, was admitted to the bar the following year, forming a partnership with Job Pierson. In 1851 Willian A. Beach entered the firm, but subsequently both with- drew and Mr. Smith associated with him Edgar L. Fursman, Esek Cowen and Charles D. Kellum. Mr. Smith and the firms with which he was connected enjoyed a large and Incrative practice and were widely known. Mr. Smith's death occurred March 21, 1892.
John L. Flagg, born at Nashua, N. H., September 11, 1835, died in Troy May 11, 1874, had the distinction of being the youngest man ever eleeted mayor of Troy. He was chosen to this position in 1866, at the age of 31 years, and was re-elected the following year. He was grad- uated from Harvard in 1857 and was admitted to the bar in 1858, after having studied law in the office of David L. Seymour of Troy. In 1868, 1869, 1870 and 1871 he represented his district in the Assembly.
John H. Colby was a native of Troy, and was born March 27, 1835. Upon his admission to the bar he became a member of the firm of Olin, Geer & Colby. He succeeded in his chosen profession, being appointed city attorney of Troy early in his career, and at the age of 26 years was elected district attorney of Rensselaer county. He wrote Colby's Criminal Law and Practice, and also published a commentary upon the law practice governing the disposition of surplus funds arising upon sales of land under mortgage foreclosures. Mr. Colby died January 1, 1886.
llon. Gilbert Robertson, jr., came from the best Scotch ancestry, his grandfather, William Robertson, having emigrated from Scotland in 1772, and settled in Washington county, N. Y., where he purchased a large tract of land and resided until his death in 1823. William Rob- ertson married Mary Livingston of Greenwich in 1725, and among their issue was Gilbert Robertson, father of the subject of this sketeh. He married Elizabeth Dow, a native of Scotland, in 1802. Gilbert Robertson, jr., after attending the common school, prepared for col- lege at the academy in Cambridge, Washington county, and at the academy in Herkimer in charge of Dr. Chessel, then a celebrated teacher, and entered Union College in 1833, whence he was graduated
G. Robertson pr
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in 1837. After leaving college young Robertson tanght school at Chatham, Columbia county, N. Y., for two years, and in July, 1839, entered the law office of Crary & Fairchild at Salem, and continued in it until November, 1840, when he removed to Troy and studied law with Hayner & Gould, then a distinguished firm of attorneys and counsellors in that city. He was admitted to the bar in 1843, and at once began the practice of his profession with Judge Isaac McConihe, and ever since continued in it.
In 1843 Mr. Robertson was elected a trustee of the public schools of Troy, and served for three years, originating many reforms in the sys- tem then in operation, and by his earnest advocacy securing an appro- priation for the promotion of the cause of education twice as large as that which heretofore had been devoted to that purpose. Mr. Robert- son was one of the earliest members of the Young Men's Association of Troy, and by his counsel and efforts contributed much to its success- ful development. He served with great usefulness as corresponding secretary and president of the association. In 1847 the governor ap- pointed Mr. Robertson a justice of the Justice's Court in Troy. In the following year the office was made elective, and he was twice suc- cessively chosen to the position, holding the office five years, during four of which he also served as police magistrate, leaving a record be- hind him of official integrity and stern administration of justice. In 1851 he was elected Recorder of Troy for four years, by virtue of which office he was judge of the Recorder's Court and a member of the Common Conneil. As a member of the council he exercised a com- manding degree of influence in all matters of importance, and was the warm friend and advocate of all local improvements calculated to beau- tify the city or promote the health and happiness of its inhabitants. It was in the position of police magistrate and recorder that he first den- onstrated the possession of those qualities of unyielding firmness, combined with judicial fairness and impartiality, and intelligent appre- ciation of the law, which he subsequently exhibited in an eminent degree while gracing the office of judge of Rensselaer county, to which he was elected in 1859, and re-elected in 1863. He discharged the duties of this position with scrupulous fidelity to every public and private interest, holding the seales of justice with equal poise between man and man, lending a personal dignity and charm of manner to the office which few men have ever surpassed, and winning the respect and confidence of the community by the uprightness of his course, the hon-
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