USA > New York > The bench and bar of New-York. Containing biographical sketches of eminent judges, and lawyers of the New-York bar, incidents of the important trials in which they were engaged, and anecdotes connected with their professional, political and judicial career > Part 12
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Having finished his classical studies, he went to New York, and in 1786 commenced the study of law in the office of Colonel Robert Troup, a highly dis- tinguished lawyer and politician, an early and unde- viating friend of Aaron Burr. Here Mr. Mathews came in contact with Pendleton, Judge, afterwards Governor, Yates, Chief Justice Morris, Burr, and others whose names are brilliant in the history of New York, and distinguished in the annals of our nation. He had thus rare opportunities for learning from men as well as from books. It was his privilege to see how justice was administered by Morris, Yates, Spen- cer, Kent and Savage. He had opportunities to see Hamilton and Burr in the forum, and to observe how forensic questions were managed by those master minds.
While pursuing his legal studies in New York, the celebrated gubernatorial election between Judge Yates and George Clinton took place, which, after a severe and bitter contest, resulted in the defeat of the former by a very small majority. The prominent partizans of Judge Yates were Hamilton, Burr, Troup and Duer.
Previous to this election, the Federal party, un- der the lead of Hamilton, was dominant in the State. But so great was the popularity of Mr. Clinton that the Federal leaders were obliged to combine all politi- cal elements against him in order to secure any hope of success ; and this is the only instance in which Hamilton and Burr ever acted together politically. Although the latter opposed Mr. Clinton's election with all the strength and power of his mind and influ- ence, yet, shortly after his election, the Governor ten- dered to Burr the office of Attorney-General, which, after much hesitation, he accepted. In those days, that office was one of the highest and most important
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in the State. In the language of another, "the offer of Mr. Clinton was a tribute to the lawyer merely."
Among such men, and amid such scenes, Vincent Mathews prepared himself for the bar; and in the year 1790 he was admitted to practice. After his ad- mission, he remained with Colonel Troup for some time. But, tempted by the many avenues of enter- prise which a new country opens, in the year 1793 he removed to the county of Tioga, and became a resi- dent of Elmira. Here, he soon entered into a success- ful practice. So rapidly did he gain the confidence of the public, that in the year 1796, he was chosen to represent the Western Senatorial district in the twen- tieth Senatorial session of the State. The Senate at this time numbered forty-three members, among whom were Ambrose Spencer, General Philip Schuyler, of revolutionary memory, Philip Livingston and Jacob Morris. In a legislative body composed of such men, Mr. Mathews took a respectable and influential po- sition.
Soon after he retired from the Senate, a question of much difficulty and embarrassment arose in this State, concerning the military bounty lands in the county of Onondaga. After various abortive attempts at an adjustment of this difficulty, the Legislature of 1798 passed a law creating a special tribunal, to whom the matter was referred for hearing and settle- ment, known as the Onondaga Commision. Mr. Mathews and the late Hon. James Emott were com- missioners. As this was, in its nature, a judicial office, it demanded much legal learning, and, there- fore, these gentlemen were peculiarly well qualified to undertake the responsible and arduous duties thus conferred upon them. The successful and satisfactory manner in which they discharged their trust exhibited their ability and talent.
In the year 1809, Mr. Mathews was elected to the eleventh Congress, from the then fourteenth Congres- sional district, which consisted of Cayuga, Seneca,
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Steuben, and Tioga Counties. General Erastus Root, of Delaware County, and subsequently so distin- guished in the history of this State, was elected that year to Congress for the first time. Mr. Root repre- sented that district for many years in succession.
General Mathews served but one term in Congress. After retiring from his congressional duties, he re- turned to the practice of his profession, and was ap- pointed District-Attorney in the year 1812; a position which was then second only to that of Attorney-Gen- eral. The sphere of his duties embraced several of the western counties, and represented a large and ex- tensive field of official and professional labor. The manner in which he discharged the responsibilities of this office, greatly enlarged his professional repu- tation.
Daniel D. Tompkins was then Governor, and, as Mr. Mathews stood high in his regard, he tendered him the office of District-Attorney, as a tribute of re- spect to the accomplished lawyer and gentleman. His professional business increased to such an extent, that he was compelled to resign after holding the office a little over two years. Daniel Cruger, an eminent lawyer then residing at Bath, was appointed in his place. General Mathews continued at Elmira until the year 1816, when, at the solicitation of many friends in the county of Steuben, he removed to Bath, then, as now, one of the most attractive villages in the State. Here his popularity continued to increase, and he soon became one of the most distinguished lawyers in west- ern New York. He continued to practice at Bath for several years ; but in 1821, attracted by the many ad- vantages which Rochester was then developing, he re- moved to that place, and continued there during the remainder of his life.
His reputation as a lawyer went before him, and he immediately entered into a large and flourishing practice. At this time he was fifty-five years old, in the plenitude of his mental powers, with a constitu- 10
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tion naturally strong and vigorous, unimpaired by any excesses in youth, or manhood ; he was well pre- pared for the scene of activity and labor which now lay before him. His untiring industry, his deep and philosophic research, his singular accuracy, his vigor- ous grasp of analysis, his clearness and force of con- ception, need no other comment or proof, than his early and continued eminence in a profession, which offers no prize to genius unaccompanied by applica- tion, and whose treasures are locked up in books, which hold out no attraction to imagination or taste, and which can only interest a mind disposed to patient and intense exertion.
General Matthews represented Monroe county in the Legislature of 1826. That body, was one of the ablest ever convened in the State. Samuel Young, of Saratoga, was Speaker, and, perhaps, no man ever discharged the duties of that conspicuous office with more ability, dignity, and brilliancy, than did this distinguished personage. He was an accomplished scholar, a close, learned, and accurate lawyer, a skill- ful, eloquent, and persuasive debater, a vigorous and eloquent writer; at once the sword, the shield, and ornament of his party. Among the many works which he has left, none have distinguished him more than his celebrated report on internal improvements, sub- mitted by him to the Senate of this State in 1839, as Chairman of the Committee on Finance. This report is distinguished not only for the grace, beauty, and eloquence of its diction, but for its bitter and sarcastic attack upon the various schemes of internal improve- ments, then extant in the State.
Between Colonel Young and Mr. Mathews there existed a warm personal friendship, although they at times differed in politics. The office of District-At- torney being about to become vacant in Monroe County, by the expiration of the official term of Tim- othy Child, General Mathews was solicited to accept that office, and in 1831, received his appointment.
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He discharged the duties of this office with all the fidelity, skill and ability which the public expected from a man of his learning and experience at the bar.
After holding this position about two years, he resigned, in consequence of the large increase of his civil business. This was the last public position which he ever held. Vincent Mathews never was a politician. His taste did not lead him into the devious paths of politics. His attachment to principle, his undeviating love of religion, protected him from the deteriorating influence of public station and the rage of parties.
Passion for the political arena is, undoubtedly, one of the great evils of the age. It calls out hosts of contestants for a few places, and encourages a bold and unblushing impudence in pursuit of personal elevation, by men of little capacity to discharge the duties of the places they seek. It opens a theater where little great men assume the habiliments of su- periority, and mount some "bad eminence" for a brief period, only to be pushed into oblivion by some struggler beneath, who, in his turn, perches upon the slippery pedestal to meet the doom of his pre- decessor. Who can wonder that a mind like that of General Mathews should turn in disgust from such scenes ?
He continued to discharge the duties of his pro- fession, until he became the oldest practicing lawyer in western New York, having practiced fifty-five years without interruption, excepting his official terms. He died on the 26th day of September, 1846, in the eightieth year of his age; " continuing warm in his attachment to his profession, and industrious in the research and study it demands, up to the very last, ceasing his labors only with his life."
His sagacious, profound and philosophical mind found in the science of law an intellectual aliment, which sustained and invigorated his mental powers,
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rendering them bright and active at a very advanced age.
He was not what might be termed an eloquent man, not even a fluent speaker, and yet courts and juries ever listened to him with profound attention. His manner, as a speaker, was unassuming, his language unvarnished, devoid of tropes and figures ; but, like St. Paul, when he "stretched forth the hand" to speak, he often persuaded many a modern Agrippa to agree with him.
In his practice he was open, bold and liberal-a legal gladiator-wielding a keen, polished and pow- erful blade, but never the secret dagger. His deep abhorrence of guilt rendered him a powerful prose- cutor, but not a strong defender, unless he believed in the innocence of his client. Before undertaking the defense of the accused, he always exhausted every effort to ascertain whether he was really guilty.
The following circumstance illustrates the keen- ness with which he tested clients charged with crime : A man who was accused of murdering his wife, sought to retain Mr. M. as his counsel. "The cir- cumstances are against you," said the lawyer, "and I dislike very much to undertake your defense; but if I believed you innocent, I would not hesitate." The man asserted his innocence with great vehem- ence, but his words did not quite convince the saga- cious counselor.
"I have two ways of defending a man charged with crime. If I think him innocent, I trust very much to that, and the difficulty of fabricating evidence that will convict. But, if I think him guilty, if I under- take his case at all, I make every effort in my power, and leave nothing undone which may tend to save him. Now, sir, which course shall I pursue in your case ?" said General Mathews, fixing his eye keenly upon the man.
"I-I-think that you had better not leave any- thing undone," said he.
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This was sufficient ; the man found other counsel.
Such was the confidence of the profession in Mr. Mathews' knowledge of the law, that a large part of his practice consisted in preparing written opinions on important questions of law. These opinions were known to be the result of great mental action, of much research, and of large liberal thinking.
He once received a letter from a very young law- yer residing in a country town, asking his opinion on a question which the young man wished solved. The letter did not contain the usual fee ; but it concluded in these words :
" If you will send me your opinion on this ques- tion, I will in return send you mine on any legal ques- tion upon which you shall desire it."
After reading the letter, turning to his partner, he said :
"See here, we shall soon have an opinion ; an opinion, sir," and then, much amused, read the letter aloud, after which, he sat down, prepared an excel- lent opinion, and sent it to the young man, thanking him for his offer of assistance.
He was distinguished for his domestic and social qualities. His own fireside was to him the dearest place on earth. As a husband and father, he was tender, considerate and indulgent. His conversation was of the most agreeable kind ; and intellectual men and women grew more intellectual in his society. He possessed the rare faculty of eliciting the strong points in the person's character with whom he con- versed. Years did not dim the sunlight of his social and mental powers, or detract anything from the suavity of his manners.
As old age came upon him, it brought no asperities to his disposition, no irascibility to his nature. It seemed rather to temper his mind, "just as the soft at- mosphere of declining summer communicates its own tender tranquility to every object and scene viewed
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through it." For many years he was one of the war- dens of St. Luke's Church, Rochester.
General Mathews was, in every sense of the word, a pious man. His piety was a deep sentiment. "It was warm, but not heated ; earnest, but tranquil ; a principle, not an impulse ; the air which he breathed, not a tempestuous blast, giving occasional violence to his emotions." His heart was ever warmed by a sa- cred fire from above, and in all the trials of life he was sustained by a firm reliance upon Him to whom "all hearts are open, all desires known," and hence the approach of death had no terrors for him.
" Like a shadow thrown Softly and sweetly from a passing cloud, Death fell upon him."
A distinguished lawyer, still a resident of Roches- ter, and once the law partner of Mr. Mathews, relates a touching incident which occurred the night but one before he died. This gentleman watched with him until past midnight, during which time the venerable sufferer slept sweetly as an infant. Suddenly he awoke, and taking the hand of his friend, he said :
"I have had a pleasant sleep, and have dreamed of bright, good, joyous beings, but that was a dream. Come, talk to me, tell me about dear old Cooperstown, and of our friends there ; tell me all about them."
This request was granted, and in the silence and stillness of night, beguiling its long vigils, the story of other days was repeated, the sanctuary of tender memories opened. The dying lawyer listened, and as the theme went on, his countenance glowed with pleasure, and his eyes flashed with pleasant radiance. Suddenly interrupting his friend, he desired him to call his daughter, who was peculiarly dear to him, and who loved and venerated him with all that beau- tiful affection which only a much loved daughter can feel for such a father.
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"My daughter," said he, "Mr. Husband has been talking so kindly to me of our old friends, that I know you would enjoy hearing him; and so I have sent for you."
Fervently kissing his pallid lips she knelt by his bedside, and holding his thin emaciated hand in hers, the story was resumed, and thus an hour wore away. Death was hovering near. Angels were waiting to convey the earth worn pilgrim to eternal rest. The gifted soul, on the verge of eternity, turning its last look on all it was leaving here, the aged face illu- mined by coming joys, the kneeling daughter, the cherished friend, bending tenderly over the bed of death, speaking words that brought up pleasant me- moirs of the past, formed a group worthy the pencil of Raphael, the chisel of Phidias or Angelo. It was indeed
The chamber where the good man meets his fate, Quite on the verge of heaven.
JOHN YOUNG.
Incidents in his Early Life .- His Parents .- Love of Knowledge .- Self-Taught in the Classics .- Becomes a Teacher .- Amusing Anecdote .- Vaulting Ambition Over- leaping Itself .- Determined to Prepare for the Bar .- Commences his Legal Studies .- Supports Himself by Teaching .- Admitted to the Livingston Common Pleas .- Charles H. Carrol .- The Case of Miss Saterlie v. Windsor .- In Danger of a Disastrous Defeat .- A Successful Cross-examination and Brilliant Speech .- Saves his Client .- His Marriage .- His Early Politics .- Joins the Anti-Masons .- Elected to the Assembly .- Francis Granger .- William H. Maynard .- Two Future Governors in the Legislature of 1832 .- His Speech in Opposition to Mr. Van Duzer .- Retires from the Legislature .- Devotes his Attention to his Profession. -The Case of the House Burners .- A. A. Bennett .- Mr. Young Nominated .- Elected to Congress .- His Congressional Career .- Retires from Congress .- Luther C. Peck .- Forms a Partnership with General Wood .- Again Nominated to the Assembly .- His Brilliant Legislative Career .- Becomes the Opponent of Horatio Seymour .- Great Debate Between Them .- Mr. Young as a Speaker .- Becomes the Leader of the Whigs in the State .- Returned to the Legislature .- Speech on the Mexican War .- Nominated for Governor .- His First Message .- High Reaching Buckingham Grows Circumspect .- His Administration .- Anec- dote .- Appointed Assistant Treasurer .- His Death .- Reflections.
THE distinguished position which John Young occupied at the bar as a legislator and statesman, renders his name conspicuous in the history of the State. "Bold, skillful, and determined, he gave char- acter to the political party," which in the State of New York acknowledged him as its leader. He did more. When that party was defeated and prostrated in the great conflict of 1844, by his ability as a legislative debater and tactician, by his stirring speeches in popular assemblies, he reformed its broken columns, lifted its trailing banner, infused new courage into its despondent cohorts, and finally led it to victory. He is charged, and perhaps justly, with many faults,
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mistakes, and errors, for at present his public career will be subjected to the lights and shadows of the political atmosphere through which it is viewed. Happily for such men, for society, for history, the traces of passion, of rivalry, collision, and jealousy wear away by the lapse of time, are often forgotten in the requiem for the dead.
John Young was born in the State of Vermont, on the twelfth day of June, 1802. His father was Thomas Young, who removed with his family to Conesus, Liv- ingston county, when John was but eight years of age. He was an innkeeper by occupation, and in early life was distinguished for enterprise and industry, and always for his irreproachable and manly character. Mrs. Young, the mother of John, was a woman pos- sessed of those sterling traits of character, those strong mental qualities and heroic virtues which distinguished many of the pioneer wives and mothers.
John was the youngest of three brothers. At an early age he began to develope a mind which gave his friends high hopes for his future success in life. His mother read with pleasure and profit works of gifted authors and accomplished schol ars. Thus she was qualified to exercise excellent taste and judgment in the selection of books for her boy. Accordingly, she placed in his hands pro- ductions which tended to enlarge and liberalize his mind. When but ten years of age he had read of Aristides the Just, of Themistocles, with his Spartan virtues, of Brutus, and of the mother of Gracchi. Greece and Rome rose before him, and his youthful mind was fired with the eloquence of Demosthenes, the oratory which sprang native and vigorous amid the factions and freedom of the accomplished Athe- nians.
In that early day, the Columbian Orator, and the English Reader, works compiled from the most ele- gant American and English writers, were the principal reading books used in schools. Mrs. Young encour-
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aged her son to commit large portions of these works to memory, and then repeat them to her while she carefully corrected every error in pronunciation and period. This mental occupation was almost invalu- able to him in forming his style of speaking and writ- ing in after life.
The circumstances of his father did not admit of his receiving those advantages of education which his mind demanded. The only institution of learning to which he was admitted, was the common school of Conesus. But the growth of such a mind as John Young possessed, could not be retarded by the want of advantages. It grasped after knowledge, with the same intuition which causes the tendril buried in darkness, to lift itself into the pervading bright life- giving sunbeam. What could not be taught him in the Conesus school, he studied with success by his father's fireside, with no other tutor but self-reliance, energy, and perseverance. He purchased the best classical works of the day, and devoted himself to them with such untiring industry, that in his humble home, far from academic halls, he became an excellent classical scholar, uniting with his acquirements that practical knowledge which prepared him to enter the theatre of life, a successful actor; and without which, apparatus or books, teachers, criticism, ancient lan- guage, and general literature are of little moment.
Indeed, without practical learning, fancy and logic may please, but they cannot move men pro- foundly and permanently. It is the practical, which in a speaker or writer suggests ideas, gives facility and energy of expression. It prompts "the thoughts that breathe and the words that burn," it excites those mysterious combinations of speech and thought, which send the speaker's soul through his hearers, breathes new life into old and faded truths, and causes an in- stantaneous gush of thought and feeling in the mind of the auditor. The world is full of impracticable edu- cated men, who, like the solitary Crusoe, on a distant
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island, possess rich, solid bars of gold, but whose value is useless.
" Like certain chintzes, calicoes, and ginghams, they show finely in their first new gloss, but cannot stand the sun and rain, and assume a very sober aspect after washing day." But he who seeks knowl- edge as did John Young, cannot fail to be practicable, for his mind is kept lively and active by being com- pelled to exert his energies-by the stir of the world around him, which acts upon his intellect like an in- vigorating breeze blowing away all the dust and rub- bish, keeping his faculties in a healthy tone, when, perhaps, they would become feeble under the regimen of recluse scholars, and dealers in mere erudition.
At a very early age Mr. Young was fully prepared for a teacher of common schools; and in that profes- sion, he soon acquired a reputation which gave him the choice of the schools in Livingston county. He once related to a friend at Albany, after a triumphant legislative contest, the following circumstance in his life, while teaching :
" One winter, while I was teaching in the town of Livonia," said he, "my scholars accepted a challenge to meet a rival school at a spelling match. It was a great event in their lives-greater in mine, for I was their commander-in-chief, and the thought of defeat was like death to me; so I drilled my scholars in the spelling book, with untiring industry. The day of the contest came, and my pupils were victorious. The young men of the defeated school then challenged my boys to a wrestling match ; the challenge was accepted, and the match immediately took place on the play grounds of the school, and my scholars won another victory. The exultation which I felt was only equaled by the triumph of my boys. I was Cæsar at Pharsalia, they my conquering troops. That would have been the proudest day of my life, had I not lost my laurels by accepting a challenge from my rival teacher, to decide the contest of the day by wrestling with him.
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In the flush of two victories, I felt the strength of giants. But this contest ended by my being inglori- ously thrown into, and covered up by a snow-bank, as a reward for my vaulting ambition, which in this case, surely overleaped itself. That day, however, was the epitome of the ambitions and struggles of life-one moment exultant with success, the next de- spondent with defeat."
At the age of twenty-one, Mr. Young entered the office of A. A. Bennett, Esq., then a prominent lawyer practicing at East Avon, New York.
In those days, a clerkship of seven years was re- quired of law students, before they could be admitted to a class for examination, unless classical studies had been regularly pursued, under some competent teach- er, or the candidate was in possession of a diploma from some college. As Mr. Young had no certificate of classical studies, from a competent teacher, and had no diploma, he was compelled to struggle through a seven years' clerkship. Unwilling to be an expense to his father, he sustained himself through several years of this term, by teaching. At length he was invited by Ambrose Bennett, Esq., a leading lawyer of the Livingston bar, residing at Geneseo, to enter his office as a student. The offer was accepted, and Mr. Young became a resident of Geneseo for life. Through the influence of Mr. Bennett, he was admit- ted to the Livingston Common Pleas, after studying four years. The late Charles H. Carrol was then first judge of that court.
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