USA > New York > Oneida County > Utica > Memorial history of Utica, N.Y. : from its settlement to the present time > Part 52
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For several years prior to 1830, the era of the establishment of the Liberator by William Lloyd Garrison, the anti-slavery agitation at-
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MEMORIAL HISTORY OF UTICA.
tracted Mr. Stewart's attention and he at length came to consider what he called the mighty question of human liberty as paramount to all oth- ers, and entered the crusade against slavery with all his mind and ability. Whatever were his faults, extravagances or fanaticism, the heroic self- denial with which he gave himself to the cause, the splendid and lofty eloquence with which he maintained his position, won the warmest sym- pathy and commendation.
The quaint, often grotesque oratory of Mr. Stewart as displayed on the platform it is difficult to picture. His large, ungainly figure, his drawling speech, his solemn countenance, not once relieved by a smile, and maintained even while uttering conceits the most extravagant, com- parisons striking in their force though outré beyond the common con- ception, ridicule the severest, or humor provocative of the broadest up- roar, these displays varied at times by touching pathos or by bursts of eloquence rising to the sublime, these varying elements all kept in hand and made to aid him in his argument, were captivating to auditors of every class. If they failed at times to secure the full sympathy of his hearers, for his theme was not for the most part a popular one, they at least betokened the power of a genius that was unique, one whose de- liverances it was a rare pleasure to listen to. Mr. Stewart died on the Ist of May, 1849. The esteem with which he was held was attested by the general regret and sorrow which was manifested. The public jour- nals and the bar, in appropriate language eulogized him, while letters of condolence from the most distinguished persons in the country were received by his family.
P. Sheldon Root was born in Vernon, Oneida County, April 17, 1809. He graduated from Madison University, and came to Utica about 1831, entering the law office of Maynard & Spencer. He subsequently studied with Graham & Sandford in New York city. Upon his admis- sion to the bar he returned to Utica (about 1833) and began practice in association with J. H. Rathbone, and in the following year with Horatio Seymour. He was examiner and master in Chancery during one period of his career. His partnership with Mr. Seymour continued three years and at a later date he was a partner of O. B. Matteson. In 1841 he was elected county clerk, holding the office one term. In 1841 he was ap- pointed by the governor first judge of Oneida County, which office he
551
WILLIAM C. NOYES.
held until the adoption of the new constitution of 1847, when he was elected to the office of county judge. He held the office by repeated elections until 1859. From that time until his retirement he was en- gaged in the practice of his profession. He was much esteemed as a judge, possessed good ability as a lawyer, and enjoyed the respect of the community as a citizen. He was married in 1836 to Elizabeth Middle- ton, daughter of Lynott Bloodgood. They had three children : Louisa B., who married Rev. Samuel B. Sherrill ; Ruth D., who married Rev. Dr. C. C. Kimball ; and Lynott B. Root. Judge Root died January 13, 1870.
An eminent jurist who, although he lived only a few years in Utica, deserves an ample notice, was William Curtis Noyes. He was born at Castleton, Rensselaer County, N. Y., on the 19th of August, 1805. His means of acquiring an education were limited to the common schools and academy, and with a fair knowledge of Latin he entered the law office of Welcome Esleeck, in Albany, at the early age of fourteen. Continuing his studies until he was nineteen, he came with his family to Oneida County and entered the office of Storrs & White, at Whitesboro. He was admitted as an attorney of the Supreme Court in February, 1827, and as counselor in 1830. He began practice with Wheeler Barnes, at the close of which he formed a partnership with Henry A. Foster and Charles Tracy, at Rome, and practiced there three or four years. He then removed to Utica and practiced in partnership with William Tracy until 1838, when he re- moved to New York city. There he rapidly won distinction in his pro- fession and at the time of his death he stood, if not at the head, cer- tainly in the front rank of the bar. In legal lore he was the peer of any of his contemporaries. In 1856 the honorary degree of Doctor of Laws was conferred upon him by Hamilton College. In 1861 his friends presented his name as candidate for United States senatorship, but political combinations prevented it from becoming very prominent. Again in 1863 he was mentioned conspicuously in connection with that office, but commercial influences predominated and a selection was made from the mercantile class. During the last eight years of his life he was associated with David Dudley Field and Alexander W. Bradford in the great work of preparing the Civil Code. Mr. Noyes
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never sought public office, giving his whole energies to his profession. The only political offices he ever held were those of city attorney of Utica (1835) and district attorney of Oneida County. He was nominated in 1857 for the office of Attorney-General, but shared in the defeat of his party. He had a decided taste for literature and was fond of general reading, especially poetry. He possessed a fine miscellaneous library, and gathered at great cost one of the largest and most valuable private law libraries in the country ; this he bequeathed to Hamilton College. To his brethren at the bar Mr. Noyes was ever considerate and court- eous. His demeanor in court was respectful and decorous. Though free from anything like assumption, he had a dignity of manner which always commanded respect. In social life he was deservedly held in high esteem, and it was said of him that " his private life was as pure as his public record was spotless." Mr. Noyes was twice married ; first to the daughter of the late William G. Tracy, of Whitesboro, and second, to the daughter of Hon. F. A. Tallmadge, of New York. He left two daughters, one by each wife.
Charles Tracy, long known as one of the ablest lawyers in New York city, began his career in Utica. He was the son of William G. Tracy, of Whitesboro, where he was born. He prepared for college at Middle- town and went to Yale College from Utica, where the family were then residing. He was graduated in 1832, pursued legal studies at first with Noyes & Tracy and afterward with Henry R. Storrs, of Whitestown, and Henry A. Foster of Rome, having been admitted as an attorney in 1835 and as a counselor in 1837. Returning to Utica he became as- sociated with his brother William, remaining thus until 1848, when he removed to New York. He had an acute, broad and inquisitive mind, with habits of extreme industry, pains-taking and thoroughness; was well grounded in the law and possessed of wide general intelligence. The firm enjoyed a high reputation and had a large business. Mr. Tracy participated heartily in all that was conducive to the best inter- ests of our city. He was a trustee of the academy, a bible class teacher in his church and a member of the board of aldermen. He took a deep interest in local politics and used his best endeavors to have only good men elected to offices. After his removal to the metropolis, where he entered into several successive partnerships, Mr. Tracy was the legal
553
JOHN SAVAGE.
counsel for many railroad corporations and by his unremitting devo- tion won a name among the foremost lawyers of the city. He suc- ceeded Charles O'Connor as president of the New York Law Institute and was vice-president of the New York Bar Association. He was a benefactor of many institutions of learning and of art, an officer of the American Bible Society and senior warden of St. George's Protestant Episcopal Church. Mr. Tracy had a love for historical research and writing, and his address delivered at Whitestown at the celebration of its centennial in 1884, is a fit companion to the lectures on the early history of Oneida County delivered by his brother nearly fifty years ago. Mr. Tracy married, in 1837, Louisa, daughter of Gen. Joseph Kirkland, and they had seven children of whom five are living. His death occurred in March, 1885, and that of Mrs. Tracy only a little while afterward. It was in reverence for their memory that their son- in-law, J. Pierpont Morgan, erected a magnificent building for the use of St. George's Church.
John Savage was born in Salem, Washington County, N. Y., Febru- ary 22, 1779. He was of Scotch descent, his ancestors having emi- grated to this country from the north of Ireland. He took his degree of B.A. at Union College in 1799, and was admitted to the bar after the usual probation, beginning practice in his native town. At that time the State was divided into large districts for the administration of crim- inal justice, and Mr. Savage was appointed district attorney for the northern district. His health becoming impaired he made a voyage to Europe, and returning was re-appointed to his former position. In 1812 he was elected Member of Assembly from his native county and was active in support of the government in the war with England. He subsequently served two terms as a representative in Congress in 1814, being re-elected in 1816. After the expiration of his last term he was appointed comptroller of the State. While it is impossible here to men- tion all the various public measures in which Mr. Savage participated or which were originated by him, it may be noted that the system of taxing corporations, as such, was originated by him while acting as comptroller. The new system was adopted in consequence of an elabo- rate report from the comptroller, and has ever since been the established policy of the State. While Mr. Savage occupied the office of comptrol-
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ler, the constitution of 1822 was adopted and went into operation. The changes effected by that instrument necessitated a complete reor- ganization of the judiciary, and Mr. Savage was called to and reluctantly accepted the office of chief justice of the Supreme Court, to which he was appointed January 29, 1823 ; he continued in that high office until the latter part of the year 1836. It was in this office that the greatest distinction of his life was earned. Having served a long time in other walks of the public service, he did not consider that he possessed any especial qualifications as a judge; but those who controlled the matter thought otherwise. His lebors were now to be performed in the face of a learned bar and under the disadvantage of succeeding to the seat of a race of judges of high reputation, of whom the State had justly been proud. But, with a good legal education, unusually strong com- mon sense, and good judgment, with high powers of discrimination, and patient study, added to perfect uprightness and integrity, he immedi- ately overcame the slight embarrassments of his situation and by the unanimous verdict of bar and community, he was one of the best judges who ever presided in our highest tribunals. The character of his mind was that of directness and simplicity. This quality enabled him at once to see the controlling point in a cause and to divest it of all extrinsic and superfluous considerations. His judgments, though generally the result of much reflection, appeared so obvious when matured, as to com- mand ready acquiescence. · The nine volumes of Cowen's reports and the first fifteen volumes of the reports of Mr. Wendell, contain the evi- dences of his judicial labors, and form a lasting monument to his mem- ory. The resign ition of Judge Savage was occasioned by the illness of his wife. The only public employment in which he afterward engaged was a short term of service as clerk of the Supreme Court in this city. He afterward removed to his farm at Salem, and again within a few years returned to Utica where he passed the remainder of his life. Judge Savage had some marked peculiarities of character. Reserved and diffident to a degree quite unusual in one who had mixed so much with his fellow men, to common acquaintance he seemed cold and re- served. The contrary of all this was certainly the fact. Among inti- mate friends no man was more genial and interesting. Scarcely any person had greater tenacity of purpose where questions of principle
555
PHILO GRIDLEY.
were concerned and opinion had been formed. In common with all good men he was deeply affected by the condition of the nation at the time of his death, and saw no safety for the Union except in the vigor- ous prosecution of the war. He died October 19, 1863, in the full Christian faith. His wife was Esther, daughter of Gen. Timothy Newel, of Sturbridge, Mass. One of his daughters became the wife of the Hon. Ward Hunt. The other, Miss Laura Savage, is still a resident in Utica.
Philo Gridley was born at Paris, on September 16, 1796. Having completed his preparatory studies he entered Hamilton College at the opening of that institution in 1812 and was graduated in 1816. While teaching a classical school he began law with Thaddeus M. Wood of Onondaga, and continued it at Waterville with Othniel Williams, father of the late Judge Othniel Williams of Clinton. Admitted to its prac- tice in 1820, he began in Waterville and after a few years removed to Hamilton, Madison County, where he remained until he was raised to the bench. It was here that he developed those traits of character which gave him such deserved eminence in the profession. These were strength, industry, and indefatigable perseverance. His temperament was ardent, intense, vehement, and he was capable of sustaining labor in the preparation of cases beyond that of most men. No case of im- portance came into his hands which he did not investigate, both as to the law and the facts, to its utmost depth. His persistence was not less marked; and these enabled him with his elocution, his ardent, impetu- ous manner, to take the judge and jury by storm. Having by his prac- tice laid the foundation for an ample fortune, and having held for several years the office of district attorney, he accepted in 1838 the appoint- ment of circuit judge of the fifth judicial district, made vacant by the resignation of Hiram Denio. The following year he removed to Utica, where he afterward continued to reside. Under the constitution of 1846 Judge Gridley was elected one of thirty-two judges comprising the Supreme Court of the State. He served six years and next as one of the judges of the Court of Appeals, when he resumed the practice of his profession, though prolonged ill health obliged him ere long to discon- tinue it. As a judge his quickness of apprehension, his thorough knowl- edge of the law made it a pleasure to address him. His energy and endurance now and then wore out the strength of lawyers attending
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MEMORIAL HISTORY OF UTICA.
upon the sessions of his court, while his promptitude and dispatch ' gained for him the sobriquet of "the steamboat. judge." He was the judge who presided at the trial of Alexander McLeod, upon the issue of which was believed to depend the question of a war with England. The progress of the trial was watched with the utmost attention both at home and abroad. His firm and impartial demeanor, and his able dis- charge of his arduous and delicate duties on this occasion, received from all quarters the highest encomiums. It will strikingly illustrate the character of his mind and how completely he had abstracted himself from all extraneous considerations, to state that as soon as the jury had re- tired, the judge calmly took up the calendar and called a civil cause for trial. Many of his decisions are in the published reports and are characterized by discrimination and marked general ability. Judge Gridley's acquaintance with books was extensive for one so exclusively devoted to a single pursuit, and his relish was decided for literary criti- cism and for historic and scientific research. He died August 16, 1864, leaving a widow, since deceased, and four daughters.
Alexander Smith Johnson was born in Utica on July 30, 1817. He was the oldest son of Alexander B. Johnson and grandson of Bryan Johnson, one of the early settlers of Old Fort Schuyler. He was graduated from Yale College in 1835 with the highest honors, and immediately began the study of law ; he was admitted to the bar when twenty-one years old. In the following January the late Judge Beardsley, recog- nizing his bright prospects, offered him a partnership, but the connection lasted only a few months. A field of larger usefulness opened to Judge Johnson in New York city, whither he removed in 1839. He practiced in that city until 1851, when he was named by the Democrats for judge of the Court of Appeals. He was then only thirty-four years old, and was triumphantly elected. Retiring from the bench in 1860 he returned to Utica and resumed his practice. In 1864 he was made a Regent of the University, and in the same year was chosen by President Lincoln as a United States Commissioner to settle the claims of the Hudson Bay and Puget Sound Companies. In 1873, when Judge Ward Hunt was elevated to the Supreme bench of the United States, Judge Johnson succeeded him in the commission of Appeals. A year later, when Judge Peckham was lost at sea, Judge Johnson was transferred to that
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A. S. JOHNSON- C. H. DOOLITTLE.
court. He was the candidate of the Republicans for the full term in 1874, but was defeated with the rest of his ticket. In 1875, however, Governor Tilden recognized his high qualifications by naming him as one of the commissioners to revise the statutes. In October of the same year he was appointed by the President to the judgeship of the United States Court for the Second Circuit, embracing the States of New York and Vermont. It was written of Judge Johnson at the time of his death (January 26, 1878) as follows : "Nature fitted him for the duties of a judge. He was calm, self-poised, and singularly impartial. No wave of passion ever obscured his vision or swept his judgment from its moorings. He could hear and determine without prejudice. To these natural qualifications he added a comprehensive knowledge of the law and a vigorous grasp of its underlying principles. He was a student from choice, not from necessity. Learning to him was not a weapon wherewith to conquer success, but a key opening the vast store- houses of a high and enduring pleasure." Aside from his professional training he was cultured in science, in letters, and in art. His widow, a son and three daughters survive him.
Charles H. Doolittle, son of Dr. Harvey Doolittle, of Herkimer, a phy- sician of reputation and skill, was born at Herkimer on February 19, 1816. He received early training at Fairfield Academy, and went thence to Amherst College, and was graduated with distinction in 1836. The successful man was already foreshadowed in the industrious and in- quiring boy, fully appreciative of his good opportunities and determined to make the most of all that God had given him. Beginning immedi- ately the study of law he was some little time in the office of Simeon Ford, at Little Falls, and then came to Utica to continue these studies in the office of Denio & Hunt. He was admitted in 1839, and shortly afterward formed a partnership with John G. Floyd, which continued until Mr. Floyd's election to Congress. Subsequent partnerships were formed, the most recent of which was Doolittle, Talcott & Swan. His standing in his profession was quickly established. The key to his quick success is found in the habits of his professional work and in some of the characteristics of his mind. He was a most untiring worker. He never undertook a case which he did not thoroughly master before appearing with it in court. Ere other men were up in the morning,
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after others had sought their bed at night, Mr. D. was at his desk preparing and re-preparing his cases, studying the facts from every point of view and bringing under command every detail of the law. He tried his cases on both sides and over and over again. No lawyer in the city so rarely met with defeat, and the best of them dreaded to cope with him; they found him invulnerable in every point of law and fact. His mind operated rapidly, running from point to point, con- necting each detail with every other, and grasping the whole with a swiftness that was electrical, and yet he never committed himself to a conclusion that thus flashed upon him until he had carefully sifted, weighed, contrasted, and matured it. These qualities made him invalu- able as a counselor, and during the years previous to his elevation to the bench a large portion of his time was thus engrossed.
In the fall of 1869 Mr. Doolittle was made the candidate of the Re- publican party for the office of judge of the Supreme Court of the Fifth Judicial District and received the endorsement of both parties. He brought to the bench a splendid training for the duties it involved, with habits of industry so firmly fixed as to become a second nature, with a mind broadened and liberalized by study, with a profound appreciation of the dignity and sacredness of the law. In all his practice he had shown how keenly he felt the difference between mere law and absolute equity ; the theory of his practice had been to maintain and establish abstract jus- tice. He had no patience with men who seek to rob justice of its due by a resort to a technicality of the law, the courts or the code. This was the spirit with which Judge Doolittle attained the ermine ; with which he heard cases, gave rulings, charged juries and rendered decisions. His anxiety to sustain the right and just, his constant fear lest on account of some lack of consideration he should unwittingly do wrong, led him to study laboriously, following out every detail in all its bearings, sifting and analyzing every argument with all the acumen he possessed. His labors on the bench were even more protracted and unbroken than those connected with his practice. He was conscientious to a degree that frequently brought him embarrassment and anxiety. In all these par- ticulars he was an ideal judge ; forgetful of self, bound only to discover the right way and to do the right thing if unwearied investigation could attain it. Judge Doolittle was always considerate toward the younger
559
SAMUEL B. GARVIN.
members of the bar ; full of encouragement where he detected earnest and honest endeavors. His opinions were written with singular clear- ness and force and stand upon the records in the highest estimation. In appeal cases they have frequently been adopted by the higher courts as embodying all that could be said upon the case, and as saying it in the best way that it could be said ; very few of them were ever overruled. Personally he was a good neighbor, an active citizen and a courteous gentleman. His personal friends were warmly attached to him and he was high in the estimation of the community.
Judge Doolittle was a member of the City Council in 1839 and again in 1844-45, and was mayor in 1853. He held the position of president of the Oneida County National Bank, was one of the managers of the New York State Inebriate Asylum, and for some years a vestryman of Grace Church. He died May 21, 1874, leaving a wife, three sons and two daughters.
Samuel B. Garvin was born at Butternuts, Otsego County. In that retired village he lived until he was seventeen or eighteen years old, when he went to Norwich, N. Y., and engaged in the study of the law. Here, after being admitted to the bar, he married a daughter of Dr. Henry Mitchell, a well known Congressman during Jackson's adminis- tration. About 1840 he removed to Utica. Here he established an enviable reputation as a lawyer and a citizen. In 1850 he was elected district attorney of Oneida County, and during his term he successfully conducted several important criminal trials. By President Pierce in 1856 he was appointed United States district attorney for the Northern District of New York. After serving in this capacity for two years he resigned his office, went to New York city and engaged in the practice of law. He was a member of the law firm of Schaefer, Garvin & Dodge. About, 1862 he was elected judge of the Inferior Court. Resigning this office he was appointed district attorney by Governor Hoffman to fill the vacancy by the election of A. Oakey Hall to the mayoralty. Upon the expiration of the partial term he was elected and filled the term pre- ceding that of Mr. Phelps. After his retirement from that post he was actively engaged in the practice of his profession and was unusually successful. He died suddenly in New York in June, 1891, leaving a wife, three daughters and one son, Henry M. Garvin.
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The distinguished lawyer, orator, political leader, and statesman, Roscoe Conkling, was born in the city of Albany on the 3d of October, 1829. He was the youngest son of Judge Alfred Conkling, who was United States judge for the Northern District of the State of New York for more than a quarter of a century, or from 1825 to 1852. Judge Conkling was afterward minister to Mexico, and died in Utica at an advanced age in 1874. The son received an academic education and had the advantage of excellent training. In 1846, at the age of seventeen, he entered as a student the law office of Spencer & Kernan. It is not remarked of him that he was a plodder in his legal studies, although he gave to them as much attention as might be expected of one so young in years. Of rhetoric, oratory, and politics he was pas- sionately fond, and to them he devoted himself with keen assiduity. About the time of his admission to the bar, and when he was scarcely twenty-one years of age, he was appointed by Gov. Hamilton Fish to fill a vacancy in the office of district attorney of Oneida County. This office he is said to have filled with exceptional ability. For the regular succeeding term he received the nomination of the Whigs, but failed of election. Then for a number of years he devoted himself to the prac- tice of his profession, displaying a vigor and attaining an eminence rarely reached by one of his years. In the conduct of trials, especially in the examination of witnesses and as an advocate before the jury, he developed powers which promised a brilliant professional career. Dur- ing this period of his life he closely applied himself to the study of the principles of law bearing on his cases, and those who met him in con- sultation in later years realized how much of the learning he then ac- quired his tenacious memory held in store to the last. His ability to recall the names of cases and state the points decided was remarkable. In the spring of 1858 he was elected mayor of the city, a post he held for two years. His administration was a model of efficiency and econ- omy. But his dominant desires and aspirations not unnaturally sought a wider plane of action. In November, 1839, he was elected to repre- sent the district in Congress, succeeding to O. B. Matteson. From that day forward till 1881, a period of twenty-two years, he was mainly en- grossed with public affairs. In 1867, while still a member of the lower House, he was chosen senator from New York to succeed Ira Harris.
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