Historical collections of Ohio in two volumes, an encyclopedia of the state, Volume I, Part 103

Author: Howe, Henry, 1816-1893
Publication date: 1907
Publisher: Cincinnati : Published by the state of Ohio
Number of Pages: 1006

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FRANKLIN COUNTY.

649

MICHAEL L. SULLIVANT, the second son, was born in 1807, was educated at Athens and Centre College, Ky., and, inheriting a large body of land, became on an immense scale a grazier and stock feeder. At an early day, owing to a want of market, the grain was largely fed to stock driven to the Scioto valley from various quarters-even as far as from the prairies of Illinois-in the fall and winter months, where they were what is termed "stall-fed," ¿. e., fattened and driven over the mountains and sold on the seaboard. To purchase and feed cattle for sale East was extensively practised in the valley. Mr. Sul- livant was one of the originators of the Ohio Stock Importing Company and of the Ohio State Board of Agriculture, of which he was twice the president. In 1854 he sold out his Ohio possessions, and moving to Illinois, bonght two immense tracts at government prices, called respectively "Broadlands " and "Burr Oak." The first named was in Cham- paign county, and each comprised tens of thousands of acres. On these he commenced farming on an immense scale. The news- papers of the time were full of notices of his stupendous experiment, which involved a small army of retainers as laborers. The ex- periment, however, failed, and proved a great financial loss. He died in 1879.

JOSEPH SULLIVANT, the youngest son, was born in 1809, received a collegiate education, and lived an honored life. He interested himself in varied public matters, literary, scientific, and material education, agriculture, and projects for the general welfare. He wrote a pamphlet on "A Water Supply for Columbus," and projected "Greenlawn" cemetery, etc., etc. His bust is in the hall of the "Sullivant School," a contribution from the teachers and scholars, as evidence of their high regard for his useful services. He died in 1882.

Dr. LINCOLN GOODALE was born in Wor- cester, Mass., and, in 1788, when a child of six years, came with his father to Marietta. In the war of 1812, while acting as assistant surgeon, he was taken prisoner at Hull's surrender. In 1814 he came to Columbus, engaged in merchandising, acquired great wealth, and died in 1868, aged eighty-seven years. He gave the beautiful Goodale Park to the city, wherein was placed, in 1888, his bust in bronze, a fine piece of work by J. Quincy A. Ward.

The most prominent of the four men who founded Columbus was LYNE STARLING, and it was by a mere ruse that they succeeded. Col. James Kilbourne was actively at work for his town, Worthington, and had a major- ity of one pledged in the Legislature in his favor. As Worthington was almost the exact geographical centre of the State, and his pro- posals liberal, success seemed assured. When the time came for voting two of Kilbourne's supporters could not be found, and so the colonel lost by one majority. Those two missing members had been su cessfully hived in a secure retreat with cards nd wine.

Mr. Starling was born in Mecklenburgh

county, Va., in 1784, and died at his lodgings in the American Hotel in 1848. In 1806 he came from Kentucky to Franklinton, and assisted his brother-in-law, Lucas Sullivant, who was clerk of court for Franklin county. Later he held the office, and for many years ; was also a successful merchant and trader. "He was a warm-hearted, eccentric, honored, and useful citizen, and to-day 'Starling Med- ical College,' founded through his munifi- cence, perpetuates his name."

It was fortunate for the beginning of Columbus that it had for its first clergyman a man of such marked character for useful- ness as Rev. Dr. JAMES HOGE. He was born in Moorfield, Va., in 1784, of Scotch- Presbyterian stock, and was the son of a famous Presbyterian divine, Rev. Dr. Moses Hoge. The father was president of Hamp- den Sidney College, author of "Christian Panoply," an answer to Paine's "Age of Reason," and noted for his pulpit oratory. John Randolph said of him, he was the most eloquent preacher he had ever heard.

James Hoge being licensed to preach by the Presbytery of Lexington, Va., in 1805, when just twenty-one years of age, came out as itinerant missionary to Ohio. In 1806 a Presbyterian church was organized in Frank- linton, and he was soon called to be its pastor. In 1812 a brick building was erected there for a church. It was destroyed by a tornado. In 1814 a church built of logs was erected in Columbus on land belonging to him. He continued in this charge until 1858, when, after a pastorate of over half a century, age and infirmity compelled his resignation.

Dr. Hoge was the pioneer of the tem- perance movement in Ohio, and, although born in a slave State, was an ardent abolition- ist. He was instrumental in establishing the State Deaf and Dumb and Insane Asylums, was a trustee of two educational institutions, and a founder of the Ohio Bible Society.

Hon. ALFRED KELLY, son of Daniel Kelly,

ALFRED KELLY.

was born in Middletown, Conn., November 7, 1789. When nine years of age his father removed with his family to Lowville, N. Y Alfred was educated at Fairfield Academy, N. Y., and studied law with Jonas Platt, a judge of the Supreme Court of that State.

In 1810 he removed to Cleveland, was ad

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FRANKLIN COUNTY.

mitted to the bar and appointed prosecuting attorney on his twenty-first birthday, to which office he was continuously appointed until 1821. In 1814 Mr. Kelly was elected to the Ohio House of Representatives ; and was the youngest member of that body, which met at Chillicothe, then the capital of the State.

From a very valuable and interesting sketch of "Reminiscences of Alfred Kelly," by Judge Alfred Yaple, who was his friend and a member of the last Legislature in which he served, we have made copious extracts throughout this article.

"At an early day during one of the ses- sions, he prepared and introduced a proposi- tion to reform the practice in our courts. His proposition looked to the lopping off of all the formalities and verbiage of the old system of pleading and to simplify it. This propo- sition was the forerunner of our code, which came some thirty years later. It also pro- vided for the abolishment of imprisonment for debt, except in cases of fraud. This was the first time, as I have heard him say, such a measure was ever seriously urged in any legislative body in the civilized world.

Dickens' flaming pen had not then flashed light into the gloomy recesses and revealed the sufferings and wretchedness within the walls of the 'Old Marshalsea,' and aroused the English people to apply the plowshare to turning over the ground upon which its foun- dations had stood. Three years after he in- troduced it in Ohio, Kelly's bill was passed by the Legislature of one of the States, New York,-I think-but not in Ohio until about 1837 or 1839. At the time he introduced it, it was considered so impracticable and radical that it defeated his entire plan of judicial re- form. He introduced it, as he said, because he held that property should be the basis of credit, and property alone taken for debt ; that to discharge debt, the person could not be sold, and for debt personal liberty should not be restrained. This principle is now, I believe, incorporated in the Constitution of every State, and is upon the Federal statute- book of the United States, and has been en- acted by the Parliament of England.

He was the master spirit, whether in or out of the Legislature, of our canal policy. He urged it as a necessary means of develop- ing the resources of the State, and to the ex- tent that he advocated and aided it, it was eminently a success. Instead of three bushels of wheat being required to purchase a bushel of salt, one bushel of the former would pur- chase three of the latter. The same thing happened in the prices of iron and all other imported heavy articles. We got them no longer by pack-saddle.

When the system was finally decided upon, it was generally supposed that the con- templated works could not be completed within the lives of any then living, and cer- tainly not within the limits of the estimated cost. He, having been the prime mover in the undertaking, having framed the statutes authorizing and governing these works, was made an active canal commissioner, the Leg-

islature thus, in effect, saying : 'You claim that this work can be done with a given amount of money ; now do it.' He accepted the trust, abandoned his profession, sacrificed his health by exposure to the wet and malaria of the valleys, and accomplished the work. And the work was well done."

To make sure that everything was honestly done he personally inspected the work, living at one time in a cabin on the line of the canal with his family. He used a long iron rod with which he was accustomed to probe the embankments to discover the tricks of con- tractors who were apt to fell huge tree bodies. cover them with earth, and then draw pa' therefor at so much a cubic yard.

Mr. Kelly had that peculiar quality of mind which could not only grasp large enter- prises in their entirety but at the same time direct the perfecting of every detail withor : losing hold on the main purpose.

Once having undertaken any matter, he assumed entire responsibility, and with in- domitable will and perseverance exacted im- plicit obedience to orders from all under him. His was the mind that projected the methods, his subordinates' duties were to executeorders. His opinions and plans were formed after careful thought, and when formed he was sure he was right, would brook no opposition, and was therefore impatient of criticism. This sometimes caused him to be considered despotic toward those in his employ, but as long as his orders were strictly obeyed he was an easy taskmaster. An illustration of this is given in the following anecdote : A gentle- man, Mr. John J. Janney, an old citizen of Columbus, as he informs us, calling at his house, saw two men, one on the roof appa- rently making some change in a chimney top, the other sitting on a stone on the ground. Inquiring if Mr. Kelly was in the house, Mr. Janney was told that he might be found at a certain designated point with some men who were at work in a ditch. Upon reaching it, Mr. Kelly was found at the bottom of the ditch laying drain tile, not the modern tile for they had not yet come into use, but the flat paving tile ; two hired men were standing by looking on. Mr. Kelly would not trust them to do the work even under his own personal supervision, but was as much besmeared with dirt and mud as either of his hired laborers.

Upon returning to the house Mr. Janney found that the two men who had been en- gaged on the chimney were quietly resting on the ground. Being accosted with the saluta- tion that they seemed to be earning two dol- Jars and a half a day very easily, one of them replied, "That is so, but we have gone just as far as Mr. Kelly told us how to go, and while we think we know exactly what we ought to do next, when you have worked for Mr. Kelly as long as we have you will know better than to do anything which he has not told you how to do. He will be perfectly satisfied to have us sit here all the afternoon and do nothing, if he does not come back and tell us what to do next. He is a capital man to work for if you know how to obey his

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FRANKLIN COUNTY.

directions exactly, but if you don't do that he will not want you."

Another anecdote illustrates Mr. Kelly's character, and shows how great an interest he took in the property and business interests of the State : While on a tour of inspection, the boat he was on came to a lock ; Mr. Kelly got off the boat and while examining the lock discovered a lot of brush lodged against one of the gates ; he called up the division inspector-a recent appointee who did not know Mr. Kelly by sight-and point- ing to the brush, said, "Why don't you re- move that brush ? it is liable to cause damage if not removed." The inspector replied, "Well, I've been trying to get a man to go in there and take it out, but have not found one as yet." Without another word Mr. Kelly, clothes and all, plunged into the canal and cleared out the brush. Then, dripping with muddy water, he went up to the aston- ished inspector and said, "My name is Al- fred Kelly ; some political influence secured your appointment to this position, but we shall have no further use for your services. I will send another man to fill your place imme- diately."

The Ohio canal was the great life-work of Mr. Kelly, and although a public work, Mr. Kelly gave so much of himself both to its origin and construction, was so devoted and untiring in its behalf, surmonnting all diffi- culties, and was with all so economical in its management that when in 1835 the Ohio canal, connecting the Ohio river with Lake Erie, was completed, the actual cost did not exceed the estimate.

During the memorable financial crash from 1837 to 1841 he, then living at Columbus, where he resided until his death, was ap- pointed fund commissioner. While holding this responsible position during that critical period the State of Mississippi repudiated her debt. Pennsylvania, Indiana, Illinois, and perhaps other States, had failed to pay the interest on their bonds. The State of New York and the government of the United States were in the New York market seeking in vain to raise money. The Ohio treasury had not enough money to pay her January interest. He was in New York endeavoring to raise money for that purpose by the sale of bonds and prevent the disgrace of bank- ruptcy. In the midst of it, resolutions were introduced and backed by certain Solons in our legislature, to follow the example of Mississippi and repudiate our debt; and in Illinois the same disgrace was being urged for adoption. Communication was slow, the mails being carried by stage coach.

Capitalists in New York, in view of these resolutions and the character of the times, refused to lend the State of Ohio a single dollar on its credit. But at last and just in time to save the State, Kelly backed Ohio by giving his own individual notes for it, to an amount more than twice what he was then worth, risking the impoverishment of him- self and his family ; but he raised the money and paid the interest. Some of these notes

are now in possession of his family, or were at his death, which occurred at the beginning of our late war.

Through his financiering, his system by this time having become known and appreci- ated, Ohio's bonds went up from fifty cents on the dollar to much above par, and have ever since remained there. Those who bought them at a low figure became, and justly and fairly so, enriched by the invest- ment.

After saving the State's credit in New York by pledging more than twice the aggre- gate of his own life-accumulations, and before the marked advance in Ohio bonds, he made an expose of the State finances, and fore- shadowed the necessity for the adoption of a new system of taxation. These considera- tions led to his being sent again to the State Senate. There he introduced and carried through the tax law of 1846, the principle of which was-saving a blunder, which the Su- preme Court has held prevents the deduction of debts from credits-incorporated into onr present constitution, and which, by letting the "blunder " part of the constitution "slide," is our present tax law, passed in 1859.

Through the influence of ex-Governor Den- nison, the Kelly system has been adopted for the District of Columbia, and the fierce op- position against its introduction there enables us to realize the difficulties with which Kelly, on its first introduction, had to contend in Ohio. Men who invest $100,000 in one kind of business; and are free from taxation, will look with complacency upon the $100,000 of their neighbors, invested in real estate, taxed to bear all the expenses of government to protect both ; and will strenuously object to being compelled to pay an equal share. Bnt after one year no one will attempt or desire to return to the former partial and unjust system.

At the same session of 1846 the currency of the State was worthless. The people were suffering from losses entailed by the Bank of Gallipolis, the new Bank of Circleville, etc. Kelly then introduced and procured the pas- sage of the State Bank and Independent Bank Laws, requiring them to redeem their issues, dollar for dollar, in gold, at the will of the holder, without loss; and made each branch of the State Bank liable for the issues of every other branch. This was the banking system in force at the beginning of the late war, and which was superseded by our present national banking system ; the federal statutes governing which were copied from Kelly's law. Kelly's system was the best the State ever had, and as good as that ever possessed by any State in the Union. This is proved by the fact that it was taken as the model to frame the national system.

Any enterprise in which Mr. Kelly became interested was considered almost certain of success ; so great was the confidence he in- spired, that when in 1847 the prospects of the Cleveland, Columbus and Cincinnati Railroad became so dark that it was almost

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FRANKLIN COUNTY.

determined to abandon the attempt to con- struct the road, its friends made a last des- perate rally, and Mr. Richard Hilliard, of Cleveland, came to Columbus to induce Mr. Kelly to take charge of its affairs. Mr. Hilliard represented the almost hopeless con- dition of the enterprise and that unless he came to their rescue the venture would be likely to fail. Although the interview was prolonged until late in the night he was com- pelled to retire with a negative answer. But next morning Mr. Kelly went to him and told him that he had reconsidered the matter, that it was of such great importance to the interests and welfare of the State that he felt it his duty to accede to his propositions. He accepted the presidency of the road, and from that moment its success was assured. He entered upon the work with an energy and vim only exceeded by his exertions in behalf of the Ohio canal. With his own hands he dug the first spadeful of dirt and laid the last rail.

In stature Mr. Kelly was between five feet seven and eight inches ; he was compactly built, neither broad nor slender; his head was set firmly, his appearance being that of a man carved out of a block of marble. He neither affected popular manners nor sought popularity. He possessed, emphatically, the fortiter in re, with but little or none of the suaviter in modo. His mind worked with the accuracy of the geometric lathe, and his action and conduct adhered strictly to the line of his ideas. This made him unpopular with all who sought, from personal interest or supposed better information, to induce him to depart from or vary plans or purposes he had formed ; to such he listened with im- patience, and showed them but little respect, but adhered firmly to his purpose and moved straight toward the object he had in view. This enabled him to construct the canals within the time and for the sums estimated. He would not vary the proper line of the work to accommodate any local interests, and this caused many people to feel hardly toward him ; but feeling that he was right, he was heedless of their clamor and oppositior.

"He despised cant and hypocrisy. An incident related to me, and occurring before I knew him, but which I am certain oc- curred, well illustrates this. One session, when he was urging some measure in caucus, a member, who was opposed to it, but who could not answer Kelly's arguments, began to talk of obeying the dictates of his con- science, and all that. Kelly settled his neck and head stiffly on his shoulders, buttoned his coat up to the throat, and arose almost choking with wrath. Said he : 'Mr. Chair- man, when a mere politician comes here, and in place of good sense and sound argument begins, by a formal parade, to set up his conscientious scruples and tender piety, I set him down for a rascal right from the start- right from the start.' The scrupulous mem- ber subsided.

" Kelly tried in every way to get the Legislature to adopt his plan for the semi-

annual collection of taxes-finally tacking it on the general appropriation bill ; but he failed, because the House voted it down. When that vote was taken, the end of the session and the time for adjournment was at hand. It was after midnight -- a night dark, bluster- ing, and stormy ; snow and rain commingled, and falling thick and fast. Kelly listened with stern anxiety to the roll-call and the responses of the members. The 'No,' as uttered by many, was not only emphatic, but delivered in a tone and manner as if intended for him to hear and see that he was aimed at, and indicated intentional insult to him. The result was announced, the measure declared lost, and Kelly buttoned his coat up to his throat, drew tightly around his neck his fur collar, adjusted his head squarely and firmly upon his shoulder, and started for the door. Feeling mortified at the disrespect shown him I sought his side and expressed my regret for what had transpired. 'Oh,' said he, 'I am used to it. It don't trouble me. These are honest, well-meaning men enough ; but I do wonder how many of them were ever able to find their way from home to Columbus. I hope they will find their way back in safety, and turn their attention to something they know more about than legis- lation. Sir,' said he, 'remember this : I would rather deal with fifty scoundrels than one fool ; the rascal knows when you have him, but the fool knows nothing.' And then, with a manner that spoke his assur- ance of the adoption of the law for the semi- annual collection of taxes at no distant day, in spite of the action of that Legislature, the old man disappeared in the darkness of the street, in that midnight storm, his living voice to be heard no more forever in the councils of the State."

After retiring from public life he gradually declined in vitality and strength, broken in health by his arduous labors in behalf of the people of the State. On December 2, 1859, he passed away, after having lived a life of as great if not greater usefulness to his fellow- citizens of Ohio than that of any other one man the State has had.

One of the most elegantly courtly men known to the legal profession in Ohio was HENRY STANBERY. He was in stature about six feet, erect, with dignified bearing and a very pleasant face. His features were large and strongly marked, and when suf- fused with the light of his genial spirit nothing could be more captivating. Indeed he was grace itself and seemed as a prince among men. The memory of his fine pres- ence is to many living a valued lifetime possession. And he was deserving of the regard which his presence inspired, for he was the soul of honor and integrity ; scorned to mislead a court or jury, or to deceive an opponent by any misstatement of law or fact.

He was kindness itself, never lost his con- trol nor indulged in petulance nor passion. He was one of the first lawyers in the United States and entitled to the highest veneration

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FRANKLIN COUNTY.

and regard. He was a member of the Epis- copal communion and in all his deportment and career showed his love for justice, truth and beauty.

Henry Stanbery was born in New York

HON. HENRY STANBERY.

city, and in 1814, when a lad of eleven years, came with his father, a physician, to Zanes- ville. He was educated at Washington College, Pennsylvania, studied law at Zanes- ville, and was admitted to the bar in 1821, when he was invited by Hon. Thomas Ewing to begin the practice at Lancaster and ride the circuit with him, which offer he accepted and for many years resided there.

When, in 1846, the office of attorney-general of Ohio was created he was elected by the General Assembly to be its first occupant. He then removed to Columbus, where he resided during his entire term of five years In 1850 he was a member of the Constitu- tional Convention from Franklin county, and was conspicuous in its debates.

On leaving Columbus he for several years practised law in Cincinnati. In 1866 he was appointed Attorney-General of the United States by President Johnson, which office he accepted from a desire to assist in carrying the government safely through the perilous times following the war. He resigned this office to become one of the counsel of the President upon his impeachment. His health at that time was so delicate that most of his arguments on that trial were sub- mitted on paper. He died in New York in 1883, aged 80 years.

Hon. Henry C. Noble, now of Columbus, who in his boy-days knew him at Lancaster, Noble's birthplace, and later was his pupil in the law, gave in a personal sketch this synopsis of his professional qualities :

" He was from the first a most accurate lawyer, fond of technicalities and ready in applying every refinement of pleading and all the nice rules of evidence and practice.

It was, however, in the discussion of the general principles of the law which arose in his cases in which he generally delighted. Upon all young men who studied the law he would urge the essential importance of mastering general principles in order to attain the highest success. He was especially fond of the Latin maxims, which he regarded as the very embodiment of terse wisdom.

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Historical collections of Ohio in two volumes, an encyclopedia of the state, Volume I, Part 103

Author: Howe, Henry, 1816-1893 Publication date: 1907 Publisher: Cincinnati : Published by the state of Ohio Number of Pages: 1006

Author: Howe, Henry, 1816-1893
Publication date: 1907
Publisher: Cincinnati : Published by the state of Ohio
Number of Pages: 1006