USA > New York > Livingston County > The annual address: The judges and lawyers of Livingston County and their relation to the history of western New York > Part 4
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Livingston County Historical Society.
the bench Judge Hastings returned to the practice of his profession. But he was soon destined to leave it forever, for it began to be evident that death would soon close his earthly career. But while disease weakened and wasted his body, it had no power over his spirit. Patience and resignation characterized his last days. His life finally terminated August 29th, 1866.
JOHN YOUNG.
It has been said that the grandeur of American democracy never exhibited itself more perfectly than when it took the rude strength of Jackson, the soldierly simplicity of Taylor, and, later, with awakened conscience, that great-hearted child of nature, Abraham Lincoln, and sent them to the executive chair of the nation, crowning their unclass c brows with the laurel-wreath of history. May I not say that the people of the empire state never evinced their appreciation of our beneficent institutions more strongly than when they made John Young their governor-when, in this act, they said to the youth of the country, the rich and the poor, the high and the low, that the honors ot the great republic belong to all, just as in the Olympic games, the prize was within the reach of all, where the swifter in the race secured it. Many reflecting persons affect to believe that in a country and age so enlightened, so free, so self-governing as ours, we do not need statesmen of lofty and surpassing genius to rule over us; that owing to the supe- rlor intelligence of the people we can dispense with great men better than most nations. There may be a kind of greatness we can dispense with ; but it is certain there is another kind we do require. We may not need now men of vast capacity, like Webster; of profound systematic policy and fervid eloquence like Clay; of
commanding genius and thought, like Wright; of imperious, overbearing resolu- tion, like Calhoun ; or inflexible determination, like Jackson. The day of such men is past. They would find no fitting scope, no place on a stage where little great men have become prominent actors. This is a day when the unrecognized are often far more influential than the recognized statesman. I do not insist that Mr. Young belonged to this class of statesnien I have named, but I do claim that he was endowed with special gifts of legal and legislative ability, and that peculiar organizing and arranging faculty that gave him a paramount and com- manding position at the bar and in the politics of the state and nation. Cicero has said that the eloquent speaker is a man who speaks in the forum and in the public assembly in such a manner as to prove, to delight, and to persuade. In this sense Mr. Young was an eloquent speaker, and this is an adequate description of his abilities. His career at the bar was brilliant. In his early practice he meas- ured himself with many of the great legal lights of the bar I have named, and with such men as George P. Barker of Buffalo, and James Mullett of Chautauqua,-men possessing all the requisites constituting powerful legal gladiators-whose elo- quence may, without affectation, be compared to the stone in the ring of Pyrrhus, having the figure of Appollo and the nine muses in its veins. In his contest with such inen Mr. Young, like Antæus in the fable, wrestling with Hercules, was often overthrown, but, when he touched the earth, he sprang with renewed power to the conflict. Mr. Young was born in the state of Vermont June 12th, 1802. With his father, Thomas Young, he removed to Conesus at an early age. When old enough he entered the common school of that town. where, in due time, he prepared him- self for a teacher, in which occupation heattained considerable distinction. With no other advantages than those derived from the common school, and intense soł- itary study, he commenced the study of law, entering the legal profession as an attorney of the supreme court in October, 1829. He rapidly rose in his profession, reaching its front rank when he had been at the bar but a few years. In the fail of 1836 Mr. Young was nominated and elected member of congress, in place of Hon. Philo C. Fuller, who had resigned that office in the summer previous. In the year 1840 he was again elected to congress, where he served, with acknowledged ability, until March, 1843. In the autumn of 1844 he was electod member of assembly from Livingston county. He entered upon his duties in January, 1845, in that memora- ble session of our state legislature which developed the splendid talents of Horatio Seymour and prepared the way not only for his, but for Mr. Young's occupa- tion, of the state's executive chair. The whig party in the state had been pros- trated by the sweeping democratic victory that elected Mr. Polk president. John Young. as the confessed leader of the whigs in the legislature of 1845, adopted a policy which gave his party a victory as triumphant as its defeat had been depres- sing. In the autumn of 1846 Young was nominated and elected governor of the state over that illustrious statesman, Silas Wright. Though the measures of his administration were not pleasing to Thurlow Weed and other leaders of the whig party, as I have said on another occasion, and though it is not celebrated for any striking policy-though it does not dazzle us by brilliant contrasts between its good and bad policies, the impartial historian will accord to it as much ability as has been accorded to most of his predecessors.
CHARLES H. CARROLL.
The history of the Livingston county bench could not be written without the life of Charles H. Carroll. He became a member of our bar in 1821, -the first who signed his name to its roll. Judge Moses Hayden was appointed first judge of the county immediately after its formation. In January, 1823, he resigned, and Judge Carroll succeeded him. Through the period of six years he presided on the bench, with accurate discrimination, spotless integrity, undoubted learning and impar- tiality. Few men ever gained and retained the confidence of the bar and the pub- lic to an extent Judge Carroll did. When, in 1829 lie retired from the bench, law- yers and laymen, all classes exclaimed, " Well done, good and faithful servant, future honors are in store for thee." This prophecy was fully fulfilled. He was
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Annual Address by L. B. Proctor.
honored with a seat in the state senate in 1828, just before leaving the bench. Here he became a member of that court which has lett an imperishable impress on the judicial history of the nation-the court for the correction of errors, then the court of dernier resort in the state, He served in this body until March, 1828. when he resigned and retired to his seat in Groveland, N. Y. In 1845 he was again called from his retirement by the voice of the people to become their representa- tive in congress. He continued in that body until March, 1847, when he retired forever to private life. His congressional record, though not brilllant, was highly honorable and eminently useful to his constituents and the state itself. Though Judge Carroll made no pretension to the qualities of a legislative orator and de- bater, yet such were his executive abilities and his capacity for the detail of legls- lative business, that he could enforce any bill or measure he desired adopted by arguments of much force and power. He had the rare faculty of withdrawing from the outward and objective into the calm retreat of the reason, where he would fabricate those arguments which always carried conviction with them. Therefore he wielded an influence that few men of his unpretending nature could. Judge Carroll had an exquisitely sensitive nature, which vibrated to the slightest touch, and his affections, especially his love of kindred and friends, was as deep and tender as a woman's. He was affable, winning and dignified In his manner. His scholarly attainments were polished with refined and cultivated society, and he never assumed a patronizing or overbearing manner towards the humblest. Few men have ever lived in the county of Livingston more thoroughly identified with its progressive agricultural interests than Charles H. Carroll. A name illus- trious in the annals of American history, allied to its grand declaration of free- dom, which he honored in all relations of life, made him dear to her people, and his memory among them will be perpetuated in the hearts of generations yet to come.
REUBEN P. WISNER.
Renben P. Wisner was in many respects a lawyer of admirable ability. He was, like others whom we have mentioned, the artificer of his own fortunes. In early life he evinced a strong love of learning, but the limited means of his parents restricted his advantages to a few months attendance in the winter months at the common school. But his ambition, industry and determination made him his own instructor, and every leisure moment was devoted to the culture of his mind. In this way he made considerable progress in the languages, in rhetoric, logic and history. "You would be astonished," said Daniel S. Dickinson, who acquired his education in this way, "did you know how much progress one can make in any study by devoting a single hour in each day to it. In this way I acquired my classical education, while learning the trade of a wool-carder and cloth-dresser." And in this way Mr. Wisner obtained a very excellent classical education. He was born at Springport, Cayuga county, N. Y., January 4th, 1815. When old enough he became a farm laborer, working by the month in summer, In winter working at the business of cabinet-making. At length a friend, who was the pro- prietor of a hotel in Auburn, gave him the position of bar-tender and clerk. As it was then the principal hotel in the village, lawyers from abroad, attending court at Auburn became guests of this house. Here he made the acquaintance of many of the distinguished lawyers of central New York, and as the court house was op-
posite his place of business he often witnessed the trial of causes conducted by William H. Seward, B. Davis Noxon. Mark H. Sibley, John C. Spencer and other great legal luminaries, with Esek Cowen presiding on the bench. In this way he took his first lessons in legal lore. They were practical, real life illustrations of the law, the working out of legal problems in that great crucible of justice-the circuit court. There was something in these contests of the bar peculiarly attract- ive to Wisner's bold and ardent mind, and it was his ambition to become a con- testant in an arena so congenial to his taste. During his residence at Auburn he secured the friendship of Mr. Seward who invited him to enter his office as a stu- dent of law. The offer was accepted with pleasure. As Wisner was an admirable penman, Mr. Seward gave him a salary sufficient to support him until his studies were finished. After receiving bis license to practice, he remained in Mr. Sew- ard's office as an assistant two or three years, frequently appearing as junior counsel in cases tried by that great mau. In this way Reuben P. Wisner prepared himself for the responsibilities of his profession. In 1837 he settled at Mt. Morris, forming a co-partnership with Judge Samuel H. Fitzhugh. The practice of this admirable firm soon became lucrative and extensive. Mr. Wisner at once took a high position at the Livingston bar, and at the bars of adjoining counties. In 1841 he represented Livingston county in the state legislature; his colleague was Au- gustus Gibbs of Livonia. Peter B. Porter of Buffalo, distinguished in the history of Western New York for his public spirit and energy in promoting internat Im- provement, was speaker of the house. In recognition of Mr. Wisner's merits Mr. Porter gave him the second place on the judiciary committee. Mr. Seward was then governor. Among other measures recommended in his annual message, was the passage of a law reducing the fees of lawyers, atthough a lawyer himself. This brought on a bitter contest between the lawyers and laymen in the legislature. A bill in favor of the measure was introduced, and was referred to the house judicla- ry committee. The chairman made an elaborate report in its favor, and Wisner submitted an able minority report against it. But the bill passed both branches of the legislature, became a law, and thereafter lawyers were compelled to work for half their former fees. But, as a member of the legislature remarked, "They will manage to pick their geese close enough to make up what the governor's mes- sage has taken away from them." Mr. Wisner declined a renomination. Through
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Livingston County Historical Society.
the remainder of his life his ambition was confined to his profession. He died at Mt. Morris in the antumn of 1872. Reuben P. Wisner possessed great energy, firm- ness of purpose, ardent temperament and emotions that were frequently intense. His strong forte was trying causes before juries. In this sphere he was successful. As a speaker at the bar he was animated, often impressively eloquent. Some- times he became too vehement and excited, so that he lost his influence with the jury. But this was not often. He was sanguine, always expecting to succeed. but he took defeat as one of the vicissitudes of a lawyer's life. Another remarkable feature in his character was the strength he seemed to gather in difficult cases. The greater the doubt, the stronger the opposition brought to bear against him by distinguished counsel, the more extraordinary were the efforts he made to over- throw his adversary. He seemed to excel himself when hard pressed by his oppo- nents. His genial nature, social qualities and fund of anecdote, were among the happiest traits of his character. He has gone to his rest, but pleasant memories are blended with his career at the bar, and as a citizen. An examination into his professional life presents a useful example to future lawyers, while It exhibits the result of energy and self-reliance when applied to professional duties, and directed to the task of overcoming difficulties.
ISAAC L. ENDRESS.
Isaac L. Endress became a member of the Livingston bar in the spring of 1832. He was born at Easton, Pa., Sept. 14th, 1810. He was a graduate of Dickinson col- lege, Carlisle, Pa. He was the son of Rev. Christian Endress, an eminent Luther- an clergyman, and an early friend of Nathaniel Rochester, the founder of the city of Rochester Mr. Endress designed his son for the ministry. But the bar presented superior attractions, and young Endress determined to make the practice of law his future occupation. In the autumn of 1828 he removed to Rochester. Here he entered the office of Daniel D. Barnard, one of the most eminent lawyers and scholars then at the Monroe county bar. Judge Endress completed his legal edu- cation under the instruction of this accomplished gentleman, and was called to the bar in October, 1831. After practicing a short time at Rochester he removed to Dansville and became a member of our bar. This was in the fall of 1831. He was an excellent classical scholar, a man of refined taste, polished by an Intimate ac- quaintance with the best authors, ancient and modern. His mind was one of uncommon strength and versatility. He wrote with elegance and vigor. His reasoning powers were of a high order, and he was capable of the most pungent. and scathing satire if occasion required. With these attributes he possessed a discriminating judgment and a refined, polished elocution. As a conversational- ist he had few equals, and he shone with great brilllancy In polished and cultivat. ed circles. Judge Endress was profoundly acquainted with law as a science-a science that he believed opened to him a vast field of intellectual research. He regarded it not only as a rule of action, but a system of ethical and inductive phi- losophy, by which the intellect is alike invigorated and enlarged. He felt that the administration of justice presents the noblest field for the exercise of human capacity. It forms, as has been well said, the ligament which binds society to- gether. Upon its broad.foundation is erected the edifice of liberty. It is the high calling of the lawyer to aid in perpetuating this structure. Through his whole professional life Judge Endress evinced his thorough early legal education. It gave him what Is called a legal mind. He was too retiring and sensitive for the harsh contest of jury trials, but was admirably qualified for the argument of cases before the court in banc, where purely legal questions are settled. But as he was not stimulated with that great motor of the lawyers, professional ambition, he did not enter very ardently into the practice before any court. He was for sixteen years the law partner of that able and efficient lawyer, John A. Van Derlip, whose duty it was in conducting the business of the firm to try its causes before the jury, and often the argument of cases in its courts of appellate jurisdiction. In the preparation of a case for trial Judge Endress had no superior. His examination of the law was thorough and untiring, and his opinions well and deeply consider- ed ; he never willingly relinquished their vindication until the final and author- itative judgment of the court was pronounced upon them. Politics had a singular fascination for him. In this field he was an accomplished and skillful manager, quick in his discernment. a ready and accurate reader of the popular mind, catch- ing easily the "tunes of the times," always successful until he undertook to ad- vance his own interest, and accelerate his own political fortunes. Then his fail- ure was almost certain. There was, too, a certain useless subtlety In all his move- ments, that caused even his friends to sometimes doubt, his sincerity, and which gave his enemies an opportunity to complain of what they termed-but, without cause-his trickery, In the year 1840 he was appointed an associate judge of the court of common pleas of our connty. The law In those days gave the associate judges of the common pleas equal power with the first judge. Thus Judge Endress occupied a position where he exhibited judicial abilities of no common order. In 1856 he was one of the presidential electors, and in 1867-8 he represented the county in the constitutional convention which convened at Albany that year. These are all the official positions he held. He was a man of great weight of character, a gentleman under all circumstances. Finally he was an honor to the bar, adorned the bench, was a favorite in the social circle, abounding in anecdote and pleasant repartee. For several years previous to his death he retired from the practice of the law. He died in January, 1870. His death was considered a loss to the village and to the county. It was irreparable to his family to whom he was tenderly attached.
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Annual Address by L. B. Proctor.
BENJAMIN F. HARWOOD.
Mr. Harwood was born at Hornby, Steuben county, N. Y., August 10th, 1819. He was the son of poor but reputable parents. He therefore began life with nothing to rely upon for success except his own unaided exertions. Hence, self-exertion was the true key to whatever snecess he attained Without scholastic training, he coveted knowledge with intensity, and the difficulty be encountered in attaining it created that independence of thought which afterwards became so prominent an element in his life. Self-wrought, self-reliant, he was molded into that type of manhood, that professional excellence which gives his name and fame to us on this occasion. He early learned the art of self-culture. In this way, by the aid of a limited attendance upon the common school, and the most intense application, he acquired sufficient learning to become a teacher. To this great and responsible calling Harwood gave his time and talents for several years, so successfully that in after life he used to say that his success as a teacher gave him more pleasure than any of his triumphs at the bar or in politics. At length an event occurred that changed the whole current of his life, intusing into him new hopes-a new and higher ambition. He was subpoenaed to attend as a witness before a circuit court held at Penn Yan, and he there witnessed, for the first time in his life, contests of the bar, saw those weapons used with which lawyers war each other. Harwood listened to the speeches of the counsel with wonder and delight, almost with awe, and he thought he would exchange the world, were it at his command, to be able to talk as those lawyers talked. From that day he determined to become a law- yer, and he made every other interest subservient to this. Accordingly he entered the office of Morris Brown, Esq , long a distinguished lawyer, who was then prac- ticing at Hammondsport, and commenced the study of law. When Mr. Brown removed to Penn Yan Harwood accompanied him. For a while he supported bin self by teaching school winters and pursuing his studies in the summers. But, having prepared himself to try causes in justice's court, he abandoned his former occupation. In those days the ablest members of the profession often appeared in these courts, and it opened a field of labor in which no one, without considerable ability, could sustain himself. Hence, young Harwood was forced to study hard, think closely, act with energy, and watch every point to sustain himself against the attacks of his experienced and able opponents. But this gave him success and for several years he was a champion lawyer in justices' courts. At length his stu- dent days ended and he became a lawyer entitled to practice in all the state courts This was in July, 1839. In the autumn of that year he removed to Dansville and commenced there the practice of his profession with a success that soon gave him an eminent position at our bar. Strength of mind and executive ability were distinguishing features in young Harwood's character. He was most industrious- indefagitable is perhaps the better word. He possessed an iron frame that never tired, a mind that never lost its tone. He came out of a long and wearisome trial as fresh as when he entered it. He knew no timidity, no apprehension, and, to use the language which Reuben P. Wisner once applied to him, he had a metallic front that never changed under any circumstances, that gave him independence almost sublime. He was always sanguine, always hopeful, and always expected success and usually gained it. In the cross-examination of an unwilling, dishon- est or untruthful witness, he was terrible. He would search their very souls, reach into their heart of hearts and drag the truth from villainons deceit with wonderful facility. He knew how to create an atmosphere around a cause favorable to his client. He knew, too, that the trial of a cause is very much like a game of chess, and a game of chance, that more depends upon the skill of an advocate than the law and justice of a case. Another strong point with Harwood was his inimitable manner of opening a cause to the jury, rendering the saying true that a cause well opened is half won. In the midst of his professional success Harwood yielded to the fascination of politics, and from that time to the close of his life the legal arena was a secondary matter with him. As he possessed rare accomplishments for this new field, his success was certain, and he soon became one of the leaders of the Whig party in the state. He was fortunate in gaining the friendship of Mr. Seward and Mr. Weed, and he soon became indispensable to these illustrious statesmen. On his entrance into the political field he joined his fortunes to those of David H. Abel, or Farmer Abel, as he was called, and their united talents gave them singular success. If their career has been criticised, I can only say they were politicians and used the resources of their calling. Mr. Abel was in every sense a marked and singular character, a man of action and of few words, but those words were always to the point and in the right place. It is said that as a politician he was dishonest. Could he be a politician and be honest? His memorable corres- pondence with Martin Grover exhibits the humor and wit of the man. When he was a candidate for state senator, Grover, who lived in his district, wrote him as follows: D. H. ABEL, Esq .- Dear Sir :- There are many things in your character that I like. They say you are dishonest, but if you will promise me in writing that if you are elected you won't steal. I will support you. Yours, etc., M. GROVER. Abel replied to this lelter in the following characteristic manner: HON. MARTIN GROVER-Dear Sir: Your letter is received, contents noted. I cannot comply with your request, as I desire, if elected, to enter the senate unpledged. Yours truly. D. H ABEL. When Grover received this letter he was so pleased with it that he gave its author a hearly support. "I think much more of this reply," said he, "than I should had it contained the usual claim of untarnished honesty, which politicians persist in making." In the autumn of 1855 Mr. Harwood was nominated and elected by the Whigs of the state clerk of the court of appeals. Mr. Harwood died at Albany, in April, 1856, while discharging the duties of that office. Ile was at the time of his death in the 37th year of his age. In many respects he was It marked character, possessing the inenlal affluence and ability to mold the opinions and direct the acts of others. We have considered him as the lawyer. This was
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