The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884 Volume I, Part 80

Author: Stiles, Henry Reed, 1832-1909, ed. cn; Brockett, L. P. (Linus Pierpont), 1820-1893; Proctor, L. B. (Lucien Brock), 1830-1900. 1n
Publication date: 1884
Publisher: New York : W. W. Munsell & Co.
Number of Pages: 1114

USA > New York > Kings County > Brooklyn > The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884 Volume I > Part 80

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GRENVILLE TUDOR JENKS, an honored name in the legal history of Kings County, was born at Boston, Mass., July 24, 1830. His father was Rev. Francis Jenks, a highly respect- able clergyman, who died when Grenville was two years old.

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His mother, Sarah H. Jenks, was a woman of strong com- mon sense, possessed of all the accomplishments that adorn the character of a wife and mother. Two years after his father's death, she married Professor Alonzo Gray, principal of the Dover Academy, Mass., under whose instruction young Grenville acquired his elementary education, and by whom he was fitted for college.

In July, 1847, he entered the New York University, where he remained some time and then became a student in Wil- liams College. Like many who have distinguished themselves at the bar and in all the learned professions, young Jenks became for a time a common-school teacher. The benefits derived from this occupation are of great value to a young man. It gives his mind peculiar and salutary discipline, especially in the art of self-government and the government of others. But it requires a peculiarity of thought, expression and temperament. It is said that Jenks possessed many qualifications that rendered him a successful teacher, but as he intended to adopt the legal profession for his future occu- pation in life, he renounced the business of an instructor, and commenced the study of law. He became a student in the office of the distinguished law firm of Lott, Murphy & Van- derbilt, in Brooklyn, N. Y. Afterwards, he entered the office of those eminent lawyers, Storrs & Sedgwick, in New York. From this office he was, in the spring of 1851, called to the bar.

Opening an office in the City of New York, he entered laboriously into the practice of his profession. His industry, his learning (for he was deeply read in all the erudition of his profession), his talents, soon brought a sure reward. Few young lawyers leap, Pallas-like, into full professional honors and emoluments. Of that few, Grenville T. Jenks was one. At first the older members of the bar wholly occupied the circle to which his ambition aimed, but he rapidly approached it, and though his career at the bar was terminated by an early death, he attained a brilliant distinction which, as we have already said, made his name honored in the annals of the bar.

After practising alone some time he formed a copartner- ship with Hon. James Emott, and for a time he was a partner of Joshua Van Cott and Calvin E. Pratt. This last partner- ship was formed after he came to Brooklyn. Dissolving his relations with Judge Pratt, he formed a copartnership with Frederick A. Ward. His business connection with the dis- tinguished lawyers we have named were pleasant and profit- able. All of them recognized in Mr. Jenks a mind of singular versatility and power. All acknowledged the supre- macy of his eloquence and those other rare accomplishments that rendered him so powerful in the legal arena, so attractive, estimable, and, may we not say, without affectation, fas- cinating as a friend and companion ?

The personal reminiscences of the mere lawyer liave few charms to captivate the popular mind, even though he may to some extent control events ; like him who moves the ever shifting panorama of the stage, he is lost amid tho very events he creates. But a nearer view of Mr. Jenks as a lawyer, and of the endowments that gave him superiority, cannot fail to be profitable and interesting ; for this reason the history of his bright career belongs to the public.

To use the beautiful language of one of his highly dis- tinguished law partners, Hon. Joshua Van Cott ; "Every- thing about Mr. Jenks had unusual bulk, magnitude, mani- festation of vitality and force. He was a character, if we ever had such a character at our bar, that was original, uniquo, apart by itself, and memorable for its intense indi- viduality and personality. He was fortunate in the kindliness of his nature, fortunate in the gifts of great constitutional

vigor, fortunate in the endowment of prodigious memory and powers of analysis and comprehension united in the same large measure. He was also fortunate in the associa- tions of his early life, in the distinction of kindred, in his academical and collegiate education. And so, with such endowments and such preparation, he came to the contests of the bar. But considerable time passed before he became conspicuous in the trial of causes. Beneath his dominating force of character there was a latent modesty which made him distant himself, until use and familiarity rendered him willing to assume the great responsibilities of counsel before juries. I remember the first occasion in which he had a gleam of consciousness of his great forensic powers. In the division of labor between himself and his law partner, his senior took upon himself the trial of their causes. He had been taking notes of the testimony in an important case- trial being conducted by his senior. A sudden emergency called his associate from the city, and the conclusion of the. trial devolved upon Mr. Jenks."

"The court adjourned for the day. The next morning, at the usual hour for business, all the counsel associated with the trial were in their places except the partner of Mr. Jenks. When that gentleman proposed to proceed with the case, the Judge, with an air of surprise that he should presume to conduct an important case alone, and ignorant that the leader had been called from the city, told him he had better wait until his associate should arrive. After waiting half an hour, the Judge, in an impatient manner, asked him when he expected his associate, and was quietly told he did not expect him at all. 'Go on, sir, go on ; the court can wait no longer,' said his honor."

"Mr. Jenks did go on, and with such skill in the examina- tion of witnesses, and with such demonstrative power in summing up to the jury, that no court ever after thought of inquiring whether he had associate counsel or was to fight the cause alone. From that day the junior became the senior in the trial of the causes of his firm."

To the trial of every cause he brought a careful, inde- pendent, pungent, keen discrimination, a quick and ready use of legal learning. Wit, ridicule and invective he employed as circumstances required. He analyzed and dissipated an adverse argument with clearness and vigor.

That such a man should have supremacy at the bar- supremacy wherever eloquence and intellectuality are ad- mired-is not strange; nor is it strange, that with other attractive endowments, he should be, as he was often called, the favorite of the bar. He was familiar with the whole range of English literature, and with ancient and modern history. This wide and varied circle of reading not only gave a liberal expansion to his mind, in all directions, but it endowed him with great wealth of choice but unstudied language, and enabled him to command a richness of illus- tration in elucidating whatever subject he was considering. This taste for reading was formed in early life.

"Mr. Jenks on the most exciting occasions could be cool and free from irrepressible restlessness ; but it was the calm of high resolve, persistent and tenacious in its triumph over passion and sentiment. He was nevertheless susceptible to the gentle influences ; a most genial companion, gentle, ten- der, and affectionate in his family-had delight in the elegant arts-sculpture, painting, and poetry."

We have spoken of his talents and virtues-should we speak of his faults? for he was mortal and had faults, perhaps many, and shared in the common infirmities of our nature ; or, shall we observe the the charitable maxim " nil mortuis nisi bonum ?" to say nothing of the dead except that which is good,

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HISTORY OF KINGS COUNTY.

Error and frailty mark the life of man. If this were not so, earthi would be heaven; for, what could add to the hap- piness of life free from error ? Therefore, whatever of error and frailty belonged to Mr. Jenks, took their color from com- mnon humanity.

In the midst of his brilliant career, at a comparatively early age in life, Mr. Jenks was removed from earth by the hand of death. He died at Saratoga on the 14th day of August, 1870, aged forty years. The unusual demonstrations of sorrow that followed the announcement of his death, not only in Brooklyn and New York, but in many other places, attested the high esteem in which he was held.

The moment his death was made known at Saratoga, a large meeting of the Brooklyn sojourners at that famous resort took place at Congress Hall. Very many of the well known citizens of Brooklyn were in attendance. Appropriate reso- lutions were adopted, which feelingly and touchingly memo- rialized him as a man and a lawyer. On the evening of August 15th, the Brooklyn Club, of which he was a member, assembled at the rooms of the club, where resolutions of re- spect for his memory and sorrow for his death were adopted.

All the courts in session in the city immediately adjourned on the announcement of his death. The ablest and most dis- tinguished members of the bar pronounced heartfelt and ap- propriate eulogies to his memory, talents and worth. In the Supreme Court, then in session in the city of New York, the death of Mr. Jenks was announced in language fitted to the occasion. At the conclusion of the announcement, the court in respect to his memory adjourned. His death was also announced in the Westchester County Court, after which that tribunal adjourned in respect to the eloquent departed. It is sometimes said that the maxim, "nil mortuis nisi verum " may be applied to the proceedings of lawyers on such occasions, but let us see how Mr. Jenks was regarded by one of the most distinguished divines of the day-Henry Ward Beecher-who officiated at his funeral. He said:

"I only speak of Mr. Jenks as one friend might speak of another. Born with gifts that were not small, cultured in every faculty, surrounded by friends, a member of a profes- sion always known as intellectual, he had, in our midst, de- veloped into a ripe manhood, and had discharged the duties of his profession in such a way as to win both fame and ad- miration, and what is not easily won, great love and trust. Perhaps I may say that not many are trusted as lie was, and there are none who were loved more than he, for he had this gift more especially-it could not be accident or device- there was that in his nature which produced confidence and personal affection. He was an upright, honest, man ; faith- ful in the discharge of his duties with more than ordinary faithfulness, more especially in speaking for those who had nothing with which to pay him, he labored for them without money and without price. So he drew around him the ad- miration, the trust, the gratitude of the multitude, who learned to love the generous advocate who spared not him- self in their cause."

JOHN A. LOTT .- Englebert Lott emigrated from Holland and settled in New York in 1680. Two years later he removed to Flatbush, Kings County, where he spent the remainder of his life. He is represented as a man of strong native intel- lect, fair education, energetic, enterprising, and of an unsul- lied reputation ; he died at an advanced age, a highly es- teemed citizen. His descendants, numerous and honorable, are well known in the bistory of Kings County ; prominent among them was John A. Lott, whose career we are now to trace. He was born at Flatbush in 1805. He was the only son of Abraham and Maria Lott, of that town. His elemen-

tary education was obtained in the schools of that place. and after a thorough academic course he was admitted to Union College. A fertile intellect, retentive memory, devotion to his studies, and a scholastic ambition, enabled him to gradu- ate with high honors ; he took his degree in 1825, at the age of twenty years. Having chosen the legal profession for his avocation in life, he entered the office of Henry E. Warner, Esq., a respectable lawyer of the New York City bar ; here a course of three years' study prepared him for a practicing lawyer. Mr. Lott immediately opened an office in New York ; his talents were happily adapted to his profession, and soon secured him a respectable and remunerative clientage.

While practicing in New York he made the acquaintance of the eminent lawyer, legislator and large minded citizen, Hon. Henry C. Murphy, whose life and career form an im- portant and interesting part of Kings County, which will ap- pear in another chapter. This acquaintance ripened into a fortunate and pleasing friendship.

Early in 1835. Mr. Lott became a law partner with Mr. Murphy, removing to Brooklyn.

The next year Judge Vanderbilt entered the office as a partner-the firm thereafter being known under the name and style of Lott, Murphy & Vanderbilt. This became not only a leading but highly distinguished law firm, uniting in it such versatility of talent and legal accomplishments that it soon gained a State reputation. It existed for over twenty years, with undiminished popularity and success. At length, Mr. Murphy received the appointment of United States Min- ister to the Hague. After this the firm was known as Lott & Vanderbilt. This relation continued down to 1857, when Mr. Lott was elected Justice of the Supreme Court of the State for a term of four years. Judge Lott devoted himself with untiring industry to his profession. To him jurispru- dence was a science that deligbted his polemical mind, he studied it with avidity and pleasure, and the student was never lost in the practising lawyer. His deep reading was exhibited in his legal arguments and opinions, rendering his briefs, and all his legal productions, beautiful specimens of legal logic and learning. Few lawyers ever applied them- selves to the duties of the profession more devotedly than Mr. Lott. In the contests of the bar he was occasionally de- feated, but he never lost a cause by inattention or neglect. His advocacy of whatever case he espoused was able and ef- fective. As his examinations of them were exhaustive, lie rested firmly upon the result of his conclusions concerning them, and he never willingly relinquished their vindication until the final and authoritative judgments of the courts were pronounced upon them. In July, 1878, Vanderbilt died, and after his death Judge Lott continued his practice alone. Like most lawyers, Mr. Lott entered ardently into politics, but never to the neglect of his profession. His political career, though long and distinguished, is so intimately connected with the history of those party dissensions-still so freshly remembered-that to enter into a consideration of them would be a work of supererogation. It is sufficient to say that he early allied himself to the Democratic party, and was long regarded as one of its effective leaders in the State and nation.

Notwithstanding his somewhat harsh and aggressive man- ner, the frankness of his nature, the ease with which he was approached, his broad and ready sympathy, rendered him al- ways popular with the masses, whether in office or out. Another reason for his popularity was his deep sincerity, his honest belief in his political principles; always meaning what he said, and saying what he meant.

He was never, in any sense of the word, a demagogue, and when placed in comparison with those simulars of patriotism

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-politicians of expediency and intrigue, approaching the people with artifice, and addressing them in the ambiguous anguage of a trimmer-his character shone with peculiar nster.

On April 13, 1838, John A. Lott was appointed by Governor Marcy, First Judge of the Court of Common Pleas, of Kings County. This was the first office of any importance which e ever held. As the Court of Common Pleas in those days vas nearly equal in dignity and importance to the Circuit Conrts, the office of First Judge of the former conrt de- manded of its incumbents learning and judicial ability equal o that of the Justices of the Supreme Court. These qualities Judge Lott carried to the bench in an eminent degree. He occupied the bench of the Common Pleas until January 27, 843. when he was succeeded by that honored jurist and highly esteemed citizen of Brooklyn, Hon. John Greenwood. n the Autumn of 1841, Mr. Lott, while discharging his jndi- ial duties, was elected member of Assembly from Kings County. His colleague was Wm. L. Udall. He took his seat n the Assembly. January 4, 1842. Levi S. Chatfield was Speaker of the House. Between this accomplished parlia- nentarian and Judge Lott there existed a warm friendship ; he former, holding Judge Lott in the highest esteem for his bilities as a jurist and excellent qualities as a man, gave him he second place on the Committee of Ways and Means, and nade him chairman of the Judiciary Committee.

The Legislature of 1842 is remembered for the large num- er of. its members distinguished in the history of the State, nd for the importance of the legislative business it disposed f. Among the historic names which appear upon the records f the Assembly of that year are those of Horatio Seymour, anford E. Church, John A. Dix, John A. Lott, Michael Hoff- han, Levi S. Chatfield and Samuel G. Hathaway, Jr. mong the eminent members of the Senate were Erastus forning, Gabriel Furman and Andrew B. Dickinson.

Mr. Furman was a citizen of Brooklyn, long and favorably nown in its history. He represented the First Senatorial District of the State, then consisting of the counties of Kings, ichmond and New York, from January 1, 1839, to Decem- er 31, 1842, with marked ability. Senator Furman's succes- or in the Senate was Judge Lott, who in the Autumn of 842 was elected Senator from the First District for its sixty- ixth session. He entered upon his senatorial duties January , 1843. Daniel S. Dickinson, subsequently a distinguished enator in Congress, was Lieutenant Governor, and President f the Senate. The Democrats were largely in the majority both branches of the Legislature that year, and John A. ott was the acknowledged leader of that party. Lieutenant Governor Dickinson exhibited his appreciation of him as a gislator, by making him the chairman of the Ways and Teans, and other important committees.

The statesmanlike abilities with which Judge Lott dis- harged all his senatorial duties were generally recognized, endering him, as we have already said, the leader of his arty. His capacity for administration appears in all his enatorial career, proving indubitably that he possessed the ualities of a legislator in no secondary degree. He was in- aluable in the committee and on the floor of the Senate. trength of conviction, strength of purpose, strength of method, strength of logic and of statement were endowments 'ith which he was liberally furnished, and he has left their mpress not only on the records of the Senate, but in the istory of all his official life. And we may well say that the istory of Kings County will never lose the impress of his haracteristics. He sought no felicity of phraseology, except direct, square expression of his meaning : he had little taste or the lighter graces of rhetoric ; quite abominated grandil-

oquence and legislative pyrotechnics ; but of that manly. unaffected speech, thoroughly in earnest to enforce conviction upon the hearer, he was a master. In regard to eloquence he coincided with Bolingbroke, who said : "Eloquence must flow like a stream that is fed by an abundant spring, and not spout forth a frothy stream on some gaudy day, remain- ing dry for the rest of the year."

There was much in the personal appearance of Judge Lott that enforced respect and attention. In stature he was tall. well formed and commanding ; his countenance, if not at- tractive at first, soon became as eloquent as his language. His career in the Senate contributed much to evolve the latent powers of his mind, roused and elevated by the colli- sion with powerful talents, and the ardent investigation of important questions ; these were examined by him with a most laborious application, revolved again and again with ardent and unremitted meditation.

It was almost impossible to divert his attention toward any other object before he had thoroughly formed his conclusions on the subjects which thus engaged his attention. When he had once definitely made up his opinion. after this mature and impartial examination, he was so immovably firm in his purpose that he was often thought somewhat strenuous and uncompromising in support of them, but the purity of his motives was never doubted.

In February, 1839, a bill providing for a cheaper publica- tion of the reports of the State courts was introduced into the Senate, eliciting an animated debate. Judge Lott favored the bill in a brief but characteristic speech, in which he said : "I am strongly in favor of cheap law and cheap law-books. I think it quite as important that a knowledge of law should be brought within the reach of the people as the knowledge of any other science-for law, as has well been said, 'is the rule of human action.' We have read of the Roman Emperor who caused his code to be written in fine letters on tablets, placed on towers so high that none could read it. Those who favor the other side of this question, do indirectly what that Emperor did. Sir, I do not desire to emulate him in any degree. I cordially indorse the language of a great English law reformer who said : It was the boast of Augustus-it formed a part of the glare in which the perfidics of his early years were lost-that he found Rome built of brick and left it marble ; but how much more noble will be the Sovereign's boast when he shall have it to say that he found law dear and left it cheap ; found it a sealed book, lett it a living let- ter ; found it the patrimony of the rich, left it the inheritance of the poor ; found it the two edged sword of tyranny and op- pression, and left it the staff of honesty and the shield of innocence." This bill passed the Senate, It was lost in the Assembly.

Judge Lott's senatorial term ended December 31. 1846, and he retired once more to private life and the duties of his pro- fession. So useful was he to the Democratic party that he still retained his position in. it as one of its leaders, whose voice and influence was potent in its council and in directing its campaigns. Official positions of high grade were frequently tendered him, but he preferred the solid honors of his profes- sion to the ephemeral glamor of official distinction. In 1857. however, he was once more called upon to assume judicial robes. With some reluctance he accepted the nomination from his party, of Justice of the Supreme Court. for a four years' terin. He was elected by a large majority, and en- tered upon his judicial duties January 1. 1858.

As a judge at Nisi Prius, or the Circuit. Judge Lott's mind seemed to be singularly adapted to the disentangling of com- plex questions of law and fact, and to the attainment of sure and satisfactory conclusions; quite as much by the exercise

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of penetrating common sense as by the rules of logic and the subtlety of law. It is not denied that his manner of presiding at the circuits subjected him to some criticism, founded more upon some asperity and harshness of manner than anything else. Still, with a large majority of the bar, he was highly popular. He brought to the bench a drastic, physical and mental strength that enabled him to endure the most ardent and wearing judicial labors. The large number of opinions written by him when a Judge of the Supreme Court, and Judge of the Court of Appeals, exhibit the amount and extent of his labors, his abilities as a judge, and his accomplish- ments as a writer.

In December, 1862, his judicial term expired. In 1869 Judge Lott was elected an Associate Justice of the Court of Appeals. Hon. John K. Porter had been appointed a justice of that court January 2, 1865, to fill the vacancy made by the resignation of Hon. Henry R. Selden. After holding the office a little over a year, Judge Porter, greatly to the regret of the bar and his brethren of the bench, resigned; and Hon. Lewis B. Woodruff was appointed in his place, and served till the next ensuing election, when Judge Lott was elected in his place. Having served out his term, he was appointed by the governor a judge of the Commission of Appeals, and was made Chief Commissioner, or Chief Justice. He entered on the duties of his office July 5, 1870, serving until Decem- ber 31, 1875, when the commission expired.

This commission was created to relieve the Court of Ap- peals from the immense pressure of business which had been accumulating for a long time, emphatically delaying the ad- judication of cases in it to an extent ruinous to the interests of suitors. How ardently successful, and with what learning and acumen this commission discharged its duties, is known not only to the legal profession, but to the business world. Its decisions and written opinions have enriched the learning of the American bar.

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The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884 Volume I, Part 80

Author: Stiles, Henry Reed, 1832-1909, ed. cn; Brockett, L. P. (Linus Pierpont), 1820-1893; Proctor, L. B. (Lucien Brock), 1830-1900. 1n Publication date: 1884 Publisher: New York : W. W. Munsell & Co. Number of Pages: 1114

Author: Stiles, Henry Reed, 1832-1909, ed. cn; Brockett, L. P. (Linus Pierpont), 1820-1893; Proctor, L. B. (Lucien Brock), 1830-1900. 1n
Publication date: 1884
Publisher: New York : W. W. Munsell & Co.
Number of Pages: 1114