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 6

Author: Proctor, L. B. (Lucien Brock), 1830-1900. cn
Publication date: 1870
Publisher: New York, Diossy & company
Number of Pages: 812


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 6


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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59


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WILLIAM G. BRYAN.


the office from 1847 to 1850, at which time he formed a copartnership with Gen. John H. Martindale, and opened an office under the firm name of Martindale & Bryan. Upon the removal of Gen. Martindale to Rochester, Mr. Bryan, with Hon. Seth Wakeman, es- tablished the law firm of Wakeman & Bryan ; which partnership, together with the most intimate and cor- dial relations of friendship, continued until death rudely severed their mutually delightful intercourse.


In the spring of 1851, during Mr. Bryan's profes- sional connection with Gen. Martindale, an exceed- ingly important litigation was in progress between the Ogden Land Company and the Tonawanda band of Seneca Indians, involving the rights of the Indians to their reservation in the County of Genesee. This reservation comprised twelve thousand eight hundred acres of valuable land. From that time forward, until the final determination of the controversy, Mr. Bryan took an active and important part in the proceedings. In the winter of 1857 one of the actions (that of Black- smith v. Fellows), which had arisen in the controversy, was argued in the Supreme Court of the United States. The Court adjudged that the Ogden Company had no right to enter and settle on the reservation, and could not maintain an action of ejectntent to en- force their claims under the treaty with the Indians, but must await the action of the political department of the government, and the actual removal of the In- dians by the political power. This decision was an- nounced about the time of the accession of the late President Buchanan to the presidency. Soon after the commencement of his administration, with Hon. Jacob Thompson as Secretary of the Interior, and Gen. Denver as Commissioner of Indian Affairs, the Ogden Land Company applied to these officers to re- move the Indians from their reservation. Some years before, during the administration of President Taylor, an attempt had been made to enlist the political de-


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partment of the government in measures designed to effect such removal; but those measures were unsuc- cessful, and the then Secretary of the Interior, Thomas Ewing, had declined to take any steps in aid of the land company. In 1857 their attempt was renewed on the assumed ground that the decision of the Su- preme Court had made it the duty of the executive department of the government to interpose and put the company in possession. They were so far suc- cessful that Gen. Denver himself went to the reserva- tion, accompanied by a number of the gentlemen who belonged to the land company. Their approach was the first intimation which the Indians and Messrs. Martindale & Bryan had of the new and hostile pro- ceedings contemplated by the government. They im- mediately repaired to the reservation, and there met the commissioner, Gen. Denver, in a council of the Indians. The interpreter on the occasion was Caro- line Parker, an educated Indian girl, and sister of Gen. Ely Parker, the present Commissioner of Indian Affairs. The presiding Chief and Speech-maker of the Indians was William Parker, her father. The pro- ceedings of the Council were intensely interesting. The Indians were alarmed. It seemed as though their long struggle to maintain their hold on the lands where they had been born-which their ancestors had held from time immemorial-which were now claimed under the provisions of a treaty never assented to by a single Tonawanda chief or warrior, as though all their efforts and hopes had been in vain. The Com- missioner told them that they must leave; that the Supreme Court had decided against them ; and he called on them to declare whether they would go.


The Chief, Parker, replied with composure, that they wished to hear from their counsel before giving him an answer. Therefore, their counsel told them that the decision of the Supreme Court had not been correctly understood by the Commissioner, and that


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it was not the duty of the government to remove them. When this declaration was made, the Commis- sioner said with emphasis that he must have their answer distinctly, would they go or not ?


The interpreter, Caroline, who was standing near the counsel of the Indians, spoke hurriedly and apart :


" What shall we do ? we cannot go now !"


The counsel replied :


"Caroline, you can but die."


Immediately she turned, and in a few words ad- dressed the Indians in her native language. It was a scene not to be forgotten. The old Sachem, Parker, rose, without the slightest perturbation, and with per- fect dignity and determination (he was a large and handsome man), and said to the Commissioner :


"We will not go."


Thereupon, after another short address by Caro- line, the Indians immediately arose and left the coun- cil-house.


After such a termination of the "talk," of course prompt and judicious action became necessary. And here the energy and peculiar ability of Mr. Bryan were immediately and signally displayed. He knew that the popular heart was in sympathy with the In- dians ; that justice was on their side; that forcible expulsion would be a hard and repulsive proceeding for the new Democratic administration, of which he had been an earnest and eloquent supporter. At once the newspapers began to give expression to the public feeling. His pen was at work. He procured letters of introduction to the President and Secretary of the Interior, from prominent men of his own party ; and when fully prepared, in company with Mr. Martin- dale, Hon. Frederick Follett, and the Chief, Ely S. Parker, he proceeded to Washington.


An interview was immediately had with the Secre- tary of the Interior. The Secretary began it with strong impressions that his executive duty required him to 5


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remove the Indians. The discussion was earnest and prolonged during three hours ; but it resulted in en- listing the powerful sympathies of the Secretary, and disposed him to co-operate with the Indians in securing by another treaty, the extinction of the claims of the land company. During the whole litigation, it had not been possible for the Indians to controvert the fact, that the land company had acquired the ultimate title to the reservation, which would become absolute whenever in the course of events the Indian occupancy should terminate. The Indians were entitled, when they should remove, to the possession of a large quan- tity of land in the Indian territory in the southeastern part of Kansas. But they repudiated all claims to this Kansas domain, asserting that they were not vir- tual parties to the treaty assigning it to them. In these circumstances, the solution considered by the Secre- tary, was, the resumption of these Kansas lands by the government and the purchase for the Indians, of the title of the land company to the Tonawanda reser- vation instead. The only danger to be apprehended was, that the land company would refuse to sell, ex- cept at exorbitant prices. However, Messrs. Bryan and Martindale were willing to relieve the Secretary from all trouble in that regard, and to assume the dif- ficulties of the negotiation, which they foresaw would be insurmountable, if the executive department of the government, resuming the ground taken by the former Secretary of the Interior, Mr. Ewing, should decline to expel the Indians by force.


The Secretary recommended that an interview be had with the President the following day. By his procurement, an appointment was made by the Presi- dent to receive the "Tonawanda delegation" at 12 M., and to confer with them thirty minutes. The delega- tion got ready. Mr. Martindale, with the co-operation of his assistants, prepared a condensed statement of their case. Shortly before twelve, as they supposed ; on the next day ; they repaired to the White House.


-


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WILLIAM G. BRYAN.


Being ushered into the executive chamber and intro- duced to the President, he looked at his watch and admonished them that they were five minutes behind the time appointed. Mr. Follett apologized, and placed the delay to the fault of the clock at Willard's Hotel. Mr. Martindale then said that they appreciated the importance of condensing what they had to present, that they had accordingly put their case in writing, and would proceed to read it, making such explana- tions, as would enable the President immediately to comprehend it.


"That is right, Mr. Martindale ; that is the way such business should be done," replied the President.


The reading proceeded ; the President became in- terested, and when it was concluded, he said :


" Gentlemen, tell me what you want ?"


The reply was prompt.


"Either let us alone until we have finished our struggle in the courts, or, take the Kansas lands, and give us the government price in money, and we will buy our place."


The President rejoined :


" Why not, Mr. Commissioner" (addressing Gen- eral Denver, who was present), "why shouldn't we give them the money and cut this Gordian knot ?"'


After a little hesitation, the Commissioner answered, "I don't know why not."


The delegation were very naturally quite jubilant. The thirty minutes were up. They rose to leave.


"No, no," said the President, "you will please remain," and he went to the door and told the usher that he was engaged.


The president entered heartily-warmly-consider- ately into the case. A stranger to it up to that time, he comprehended it at once, and by his prompt and judicious action, secured a band of seven hundred men, women and children, who had no claims on him except his sense of justice and compassion, in the pos- session of their ancient homes. Events, since then,


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have had their influence on the estimation in which the character of President Buchanan will be consid- ered ; but he will be kindly remembered in that band of Tonawandas-to them, he was the "Good" as well as the " Great Father." During the interview, one of the counsel of the Indians, having professional engage- ments away from Washington, proposed to leave the settlement of details to his associates and the Commis- sioner of Indian affairs.


"No," interposed the President; "never take a second love until the first one is disposed of."


This was a pertinent and appreciative illustration for a bachelor like the President. He then added very kindly and truthfully :


"You will never have a more important litigation than this."


The President then went through with an estimate of the money necessary, in the case ; indicated that a treaty should be had to consummate it, and finally dismissed the delegation with the assurance of success.


Messrs. Bryan and Martindale then went to work with renewed zeal. It was necessary to get proposi- tions from the members of the land company to sell out their prospective title, so as to show that a treaty would be operative. This duty occupied their time and thoughts during the summer. They were so far successful that in the following autumn, a treaty was made between the United States and the government by which the Kansas lands were valued at two hun- dred and fifty-six thousand dollars, and that sum was placed at the disposal of the Indians to secure their reservation. After protracted delays in the Senate, the treaty was at length ratified in the session of 1859, and the negotiations for the purchase of the claims of the company were actively prosecuted. The Pres- ident and Secretary of the Interior had determined that the price to be paid should not exceed twenty dollars per acre. Many members of the land com- pany were reluctant to accept that price, and prob-


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ably never would have accepted it, but for the atti- tude taken by the government. Finally, the Indians concluded to reduce their reservation to seventy-five thousand acres, and to secure the investment of the portion of two hundred and fifty-six thousand dollars not used in the purchase of lands, so that annuities might be derived from it. The whole scheme was ac- cordingly consummated during the year 1860, and Mr. Bryan and his associates had the satisfaction of meet- ing the Tonawandas in council and hearing the exult- ant and descriptive congratulations of one of the chiefs, as he pronounced the Indian idea of a title in fee simple :


"Now we own our lands from the centre of the earth to the heavens."


The death of Mr. Bryan was a positive loss to the legal profession of the western portion of the State of New York. His age, acquirements and temperament placed him in the front rank of lawyers, while his personal integrity and immovable fidelity to the du- ties of his professional employment rendered him an invaluable assistant to his clients. Whatever the in- terests were which were entrusted to him, they were always sure to receive all the faithful, earnest attention they deserved. In fact, the zeal manifested by him in the discharge of his engagements rarely allowed him to stop at that point ; for it often induced him to con- tinue and protract his investigation and reflection be- yond what was required for the purpose of securing simply a practical conclusion upon the subject which for the time might occupy his attention. He feared to be wrong, and therefore endeavored to fortify his con- victions after he had become satisfied that they were right. This perhaps is not an uncommon trait in in- telligent, active members of the legal profession, but with him it was of a marked and emphatic nature- so much so as to render him eminently well adapted to care for and protect the important rights that


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are necessarily so often committed to the charge of counsel.


While he possessed all the acquirements requisite for the advocate, and all the ability for the clear and forcible presentation of matters of fact, he did not ap- pear in that capacity before a jury without evident indications of diffidence. He did not confidently measure the full extent of the intellectual powers he possessed for the discharge of the duties of the advo- cate. If he had, the knowledge he never failed to have of his cause, combined with the ease and candor with which his arguments and views were always pre- sented, would have been certain to have secured him very great success in that department of professional practice. This is a failing often found in men of in- tellect and talent ; and it is unfortunate for the public that it is so, for it permits persons of inferior ability to take the positions and enjoy the advantages for which they are too often not qualified, because those who by their acquirements are fitted for them, lack the boldness and assurance necessary to attain them.


Before the court none of this constitutional timidity was manifested. There he always appeared to feel at ease ; and for that reason his cases were well pre- sented, the points in them clearly stated, and the ar- guments properly elaborated. He never failed to see and comprehend all there was of the case he had at the time in hand, and was consequently prepared to enforce his own views and promptly answer those maintained by his opponent.


He was an accomplished, affable, and dignified member of the profession, and his early death has left a vacant space which it will be difficult to supply by any one having so general an adaptation to the dis- charge of all the duties of the position.


Mr. Bryan took a prominent and important part in political affairs. From his very boyhood, he es- poused the principles and advocated the measures of the Democratic party. He believed the principles of


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American Democracy were the corner stone of our civil and religious freedom. He was thoroughly conversant with the writings and teachings of those grand old chieftains who were equally an honor to their party and the nation. The works and productions of the fathers of Democracy, Jefferson, Madison, and Mon- roe, of the illustrious Thomas Hart Benton, of Mis- souri, of Silas Wright and Martin Van Buren, were as familiar to him as household words. He threw his whole energies into the advocacy of his political principles. He was a most effective campaigner. He was as true as steel, whether fortune frowned or smiled upon the party. Whether the Democratic banner trailed in the dust as in 1840, 1848, 1860, and 1864, or when the Democracy carried the pres- idential elections in 1844, in 1852, and 1856, he was equally zealous, uncompromising, and reliable in the support of what he regarded as the true prin- ciples upon which the government of the country should be administered. His voice was heard trum- pet-tongued, cheering on the Democratic hosts at mass meetings in towns and in cities, and the productions of his pen animated the Democratic columns through the newspapers of the party in various portions of the State. He was at the urgent request of his Democratic friends once a candidate for the Assembly, and just before his death, in 1867, he respectfully declined the nomination unanimously tendered him by the Demo- cratic Senatorial Convention for the twenty-ninth dis- trict, composed of the Counties of Niagara, Orleans, and Genesee. He was over and over again a delegate to State conventions, several times to national conven- tions, and in those positions he invariably exhibited ability, tact, and zeal. His manly and effective ora- tory, matured judgment, ever genial manner and spot- less character, combined to make him a power in the Democratic ranks, and he shared in the councils of those who like Horatio Seymour, Dean Richmond, Edwin Crosswell, Heman J. Redfield and Sandford E.


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Church, were its acknowledged leaders. Had he not loved honor and principle more than personal ag- grandizement or office-had he been a time-server or trimmer, he could, by turning recreant to his political principles, largely have advanced his pecuniary inter- ests, and obtained in addition the so-much-coveted dignities and emoluments of office. But he cared not that Genesee County, and indeed nearly the entire western portion of the State, were politically strongly


antagonistic to his party. The guiding star of his life was principle, and neither as a lawyer nor as a politician, nor as a citizen, did he ever swerve from it. Such men give character to a party. Such men attract their fellow men to its standard. Such men make a party strong in the right. Fortunate would it be for both parties and the country if we had more like him.


As a writer, Mr. Bryan was able, vigorous, pains- taking, and as occasions demanded and presented themselves, elegant and brilliant. The columns of the principal daily papers in the State as well as the local papers in Genesee and the adjoining counties were through a long series of years enriched by con- tributions from his pen. How versatile were his gifts. How much of research and investigation his articles exhibited. What an affluence of diction was at his command ! What a wealth of language! How he threw his whole soul, as it were into the advance- ment of all measures and improvements calculated to promote the general welfare. How invaluable he was to the public interests of his section of the State. How often was his charming eloquence heard in the halls of justice, in the lecture room, before county agricultural societies, on patriotic occasions and at public festivities. Now eulogizing the illustrious de- parted-then again encouraging the living. What a bright, what a hopeful spirit was his. How rare were his conversational powers. How he interested, charmed, instructed. How brilliant were his sallies of wit and humor. How he loved the beautiful in art.


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How he attracted one towards him by his unaffected dignity and true manhood. How nobly he strove to make the world better for his existence. He scorned those who crook the pregnant hinges of the knee that thrift may follow fawning. What a host in and of himself. How self-sufficient.


It is not consistent with the limits of this memorial that we should publish Mr. Bryan's speeches in full, or even give extracts from any great portion of them. Many of them were models of eloquence, and classic in their style. He was always up to the requirements of the occasion. Whether before a court, or address- ing an enthusiastic political meeting, or lecturing in the presence of select and discriminating audiences on literary subjects, he was equally happy. We cannot refrain from recalling to mind a few prominent illus- trations of his oratorical power. When the whole country was in mourning by reason of the fiendish as- sassination of the patriotic and revered President, Abraham Lincoln, public meetings were everywhere held to give expression to the sense of the people upon the awful national calamity. One was held at Batavia, and Mr. Bryan was invited to deliver the address. Few who heard him on that occasion will forget the effort or the orator. From the plaintive opening of the address with "My sorrowing fellow- citizens," to the impressively eloquent close, he was listened to with the most profound interest and un- wearied attention. Mr. Bryan, in a masterly manner, portrayed the enormity of the crime of the assassin. The foul murder of our beloved Chief Magistrate was a blow aimed at the sovereignty of the people, who had chosen him at the ballot-box. It was the darkest day in our history as a nation, when its constitutional head was brutally murdered by the pistol-shot of Booth. The speaker alike charmed and soothed all present by the exceeding appropriateness of his lan- guage and the kindness and sincerity of the feeling he exhibited. In discussing the character and public


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acts of the martyred President, he displayed so much magnanimity, delicacy and independence of criticism, that he won the admiration and approval of men of all political parties.


Upon the important occasion of laying the corner- stone of the New York State Institution for the Blind at Batavia, on the 6th day of September, 1866, Mr. Bryan was selected as one of the orators. He had been especially active and instrumental in effecting the location of the institution at Batavia ; and subse- quently he materially promoted the progress of the noble charity. The address is such a fine specimen of condensed eloquence, that we give it entire :


"Fellow-citizens :- You are this day to witness an interesting ceremony. Our great State has decreed that an edifice of her own shall rise upon this fair eminence, consecrated to the instruction and care of the blind. Its name, 'THE NEW YORK STATE IN- STITUTION FOR THE BLIND,' declares that it is to be the child of the State, and the faith and honor of the State are pledged to its completion and support. Genesee may be proud that its beautiful county seat was designated as its site, and that her sons presented to the State these ample grounds. One sad recollec- tion only obtrudes. The eminent citizen, who was foremost and largest in his offering to this and so many other beneficent objects, was not spared to re- joice with us to-day.


"We come to add another to the roll of the great charitable institutions of the world. We come in that spirit which is 'thrice blessed,' to lay the foundation of a structure to relieve and soothe the smitten and afflicted-not in the interest of war, or cruelty, or vio- lence, but swayed by the high and advancing civiliza- tion of the nineteenth century-for mercy 'hath now her victories not less renowned than war.' New York commanded this structure to come forth. May its walls ascend in strength and grace; may it rank with the first and best in any land, and may its career be


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long and glorious ! Thus hopeful and trusting, let us listen to the voice of prayer and the word of God."


The Honorable George W. Clinton, of Buffalo, in a letter addressed to a member of Mr. Bryan's family, thus beautifully alludes to the literary power and tastes of the subject of this memoir :


"Mr. Bryan's addresses were permeated by that goodness which exalts mediocrity, and without which genius is baleful. He was emphatically an honest man, and worshiped truth and the Author of all Truth in the humble, loving spirit of Christianity. In his literary and historical productions he exhibited nice discrimination of character, a power of meting exact justice and more laborious research than could reasonably have been expected from one having so many demands upon his time. His style was a model of clearness, with all due polish, and was ornate, without excess.


"From what I have seen of his written efforts, they prove that with an undivided devotion to litera- ture he would have become eminent."


Can anything be more chaste and graphic than the following peroration of an address delivered by Mr. B. several years ago, before a county agricultural fair in "old Genesee ?"


"The pale denizens of city and village, tiring of life on the pavements, are clamorous for more room, and bits of pasture, and fresher air, and hence pur- chase and improve farms or lots formerly considered outside of and beyond any financial market, and all proper village limits. The extreme outer lots are now prized as most eligible and valuable. If such is the tendency now, how accelerated will be the movement towards the farm-country-ward-when each highway is dotted with the most beautiful of our native shade trees-when the last ugly patch of bushes and weeds has vanished from the fields-and even clumps of forest or woodland are trimmed and cleaned and un- derbrushed-like so many picnic groves-when far-




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