History of Marietta and Washington County, Ohio, and representative citizens, Part 62

Author: Andrews, Martin Register, 1842-; Hathaway, Seymour J
Publication date: 1902
Publisher: Chicago : Biographical Pub. Co.
Number of Pages: 1490

USA > Ohio > Washington County > Marietta > History of Marietta and Washington County, Ohio, and representative citizens > Part 62

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The last of January, 1789, he set out on a journey to New England, in company with several persons, among whom was General Parsons. They went up the Ohio in a boat. but when about half way to Wheeling, the

floatinig ice became so troublesome that they left the river and went by land. The travel over the mountains was accomplished on horseback in 20 days, from Wheeling to Mid- dleborough, Massachusetts. He returned in August, by way of Alexandria, and, being a fine pedestrian, again crossed the mountains on foot. He reached Red Stone, a famous port for boats on the Monongahela, on the 14th of the month. While waiting here for a rise in the river, Commodore Whipple came on with his family and that of his son-in-law, Colonel Sproat. With them he embarked in a small boat on the 26th of November, and reached Marietta on the 30th.

The following year was passed in attend- ing to his law business, which began to in- crease some, as the emigration this season was very great. In November, 1790, he was ap- ponited deputy contractor for supplying the troops at Fort Harmar with fresh meat at the low rate of $13.33 a month and rations. La- bor of all kinds was at a depressed state, a common hand on a farm getting only $4, and a private soldier, $3.

Mr. Fearing's first attempt as an advocate before the Court of Quarter Sessions was rather discouraging ; but the embarrassment he first experienced vanished in his next trial, and he was able to deliver himself fluently and with fine effect. His frank, manly civility and sound, discriminating mind made him a fa- vorite with the people, as well as the courts, and he had at his command much of the law business of the country.

Hon. Return Jonathan Meigs was his first competitor at the bar, and for the favor of the public. Mr. Meigs was the more prompt and witty, with a ready flow of language, and Mr. Fearing was the more industrious and patient in investigation, so that in final results they were very well matched.

When the troops left Fort Harmar, Mr. Fearing's intimate friend. Major Doughty, made him a present of his dwelling house, a well-finished log building, standing in the southwest angle of the fort. During the war,

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Mr. Fearing and his father occupied the house, which afforded a safe retreat from the attacks of the Indians.

In the month of November, 1795, Mr. Fearing was married to Cynthia Rowe, at his own home at Fort Ilarmar.

In 1797 he was appointed judge of Pro- bate for Washington County.

After the close of the war, the county filled up rapidly, and in 1799 the first Legislature held its session in Cincinnati. In 1800 the second session was held, and in this he was a member. During this period he was chosen a delegate to represent the Territory in Con- gress, which post he filled for 1801 and 1802, with credit to himself and to the entire satis- faction of the people.

After his return to private life, he resumed the practice of law with increased reputation. On his farm, a little below the mouth of the Muskingum, he erected a neat dwelling house, and planted an extensive orchard of the choic- est fruits, of which he was an intelligent and successful cultivator. He was one of the first in Ohio who paid attention to the raising of Merino sheep. His flocks embraced several hundred of these valuable animals, propagated! from a few individuals bought at enormous prices.

In 1810 he was appointed associate judge of the Court of Common Pleas. In this office he served seven years with much credit as a sound, just, and impartial judge.

In 1814 he was appointed master commis- sioner in chancery.

From the first entering of the lands of the Ohio Company for taxation by the State, he acted very extensively as an agent for the shareholders in the Eastern States. In this way a large portion of his time was occupied.

In his disposition, Mr. Fearing was re- markably cheerful and pleasant, much attached to children, and never happier than when in their company. He had great sympathy for the poor and the oppressed, and he was ever ready to stretch forth his hand and open his purse for their relief.

a few days illness, a victim to the fatal epi- demic of fever which ravaged the country for two or three years, aged 60 years. His wife died the same day, a few hours after, in the 46th year of her age.

ELIJAH BACKUS was born at Norwich, Connecticut ; he was a graduate of Yale Col- lege, and was admitted to the bar in Connec- ticut in the year 1800. Shortly thereafter he came to Marietta and engaged in the practice of law. Wyllys Silliman, of Zanesville, was associated with him as a partner.

Mr. Backus held the office of receiver of public moneys of the United States. In 1801 he established the Gazette newspaper, of which he was editor. In 1803 he was a member of the Ohio Senate. He was owner of the island in the Ohio River, now called Blennerhassett's Island, and sold it to Mr. Blennerhassett.

In 1808 MIr. Backus removed to Ruskin, Illinois, and died there in 1812.

LEWIS CASS was born at Exeter, New Hampshire, October 9, 1782. In 1799 he was employed as a teacher at Wilmington, Delaware, where his father, Maj. Jonathan Cass of the army, was stationed. In 1800 he removed with his father's family to Marietta, studied law there, and in 1802 was admitted to the bar and removed to Zanesville and con- menced practice.

In 1806 he married Elizabeth Spencer, of Wood County, Virginia, and the same year was elected a member of the Ohio Legislature. From 1807 to 1813 he was State marshal. In the War of 1812 he was colonel of a regiment of Ohio volunteers, under General Hull, and was soon promoted to the rank of brigadier- general.

In 1813 he was appointed Governor of the Territory of Michigan, and held that office for 18 years. In 1831 he was appointed by President Johnson, Secretary of War, and was at the head of the War Department at the com- mencement of the Florida War. In 1836 he was appointed minister to France, and served in that capacity until 1842 when he resigned. In 1845 he was elected United States Senator

He died on the 21st of August, 1822, after , from the State of Michigan. In 1848 he was

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the Democratic canidadte for President of the United States, but failed of election on ac- account of a division of his party in the State of New York. In 1849 he was re-elected to the Senate for the remainder of his original term. As Senator he opposed the "Wilmot Proviso," although instructed by the Legisla- ture of his State to vote for it. He did not vote for the "Fugitive Slave" bill. In 1851 he was again elected Senator from Michigan. In 1852 he was a candidate before the Demo- cratic convention at Baltimore for the nomina- tion for the Presidency, but was not success- ful. In 1857 he was appointed Secretary of State by President Buchanan. In December, 1860, disapproving of the action of the Pres- ident in refusing to reinforce Major Ander- son and provision Fort Sumter, he promptly resigned his office as member of the cabinet. Through the War of the Rebellion his sympa- thies were with the national cause.

General Cass died at Detroit June 17, 1866.

He was a man of integrity, of great ability as scholar, jurist, and statesman, and his pub- lic career of more than half a century was hon- orable to himself and the nation.

BENJAMIN RUGGLES was born at Wood- stock, Connecticut, February 21, 1783. He attended the Brooklyn Academy, and graduat- ed from that institution. He studied law with Judge Peters, at Hartford, and was there ad- mitted to the bar.

In 1807 he moved to Marietta, Ohio, and here pursued with success the practice of his profession. His profound learning, skill and care as a counsellor won for him public com- mendation.

In 1810 he was elected by the Legislature of the State to succeed Calvin Pease as pres- ident judge of the Third Circuit. Shortly af- ter his election to the judgeship, he moved from Marietta to St. Clairsville.

In 1815 he was elected by the Legislature to the United States Senate, and resigned the office of judge after having ably filled it for five years.

In 1821, and again in 1827, he was re- elected to the Senate of the United States, and during his career of 18 years in Congress as Seator from Ohio, he rendered valuable ser- vices to his State and the nation. For many years he was chairman of the Senate commit- tee on claims.

He was president of the caucus, held at Washington in 1824, which nominated Will- iam H. Crawford, of Georgia, for the Presi- dency.

In 1833, at the expiration of his third term as Senator, he retired from public life and gave his attention to agricultural pursuits, espe- cially the cultivation of fruits and the intro- duction of choice varieties.

In 1840 he was favorably spoken of, in various parts of the country, for the office of Vice-President of the United States.

He died at his residence in St. Clairsville, September 2, 1857. As a statesman Judge Ruggles had the confidence of the Senate and of the people. As a jurist, his great ability was not as conspicuous in open court as in chambers. Though lacking, in some measure, the gifts of an orator, as a consulting attorney he had few superiors. As a private citizen he was highly respected. He was generous in his impulses, liberal in his views, and exerted an excellent moral influence wherever he was known.

THOMAS BACKU'S was born at Norwich, Connecticut, in 1785; graduated at Yale Col- lege: studied law in the office of his father, Elijah Backus, at Marietta, and was there ad- mitted to the bar in 1808. He was married to Temperance Lord in 1810, and in 18It re- moved to Franklinton, Franklin County, Ohio, and engaged in the practice of law, and in 1820 was appointed prosecuting attorney.

In 1823 he removed to Union County, Ohio, and was there appointed prosecuting attorney, and during his term of office died October 25. 1825.

WILLIAM WOODBRIDGE was born in Nor- wich, Connecticut. August 30, 1780. He re- ceived his early education in his native State.

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studied law in Litchfield, Connecticut, and, with his father, emigrated to the Northwest Territory in 1791, settling in Marietta.

In 1806 he was admitted to the bar in Ohio, and in the following year was elected to the General Assembly of the State.

From 1808 until 1814 he was prosecuting attorney for his county, and also a member of the Ohio State Senate.

During the latter year, without solicita- tion, he received the appointment of Secretary of the Territory of Michigan, from President Madison, and removed to Detroit and entered upon the performance of the duties of his new office.

He was elected the first delegate to Con- gress from Michigan, in 1819, and forwarded the interests of his constituents in a manner to elicit the warmest approbation.

He was appointed judge of the Supreme Court of the Territory in 1828. and performed the duties of that office four years.

He was one of the members of the con- vention which framed the State Constitution. in 1835, and was elected a State Senator under it in 1837.

He was chosen to succeed Stevens T. Ma- son as Governor of the State, in 1839, and served during one term. At the expiration of his term of office as Governor, he was elected a United States Senator, and served in that capacity from 1841 until 1847.

While in the Senate, he took a leading part in much of the important legislation of that body, both as a member of a number of the principal committees and also as a debater upon the floor of the Senate.

His last days were spent in retirement in Detroit, where he died October 20, 1861.

Governor Woodbridge was an eminent ju- rist and constitutional lawyer, and at the time of his death was the oldest and most distin- guished member of the Detroit bar. He was a man of true principles and honor, who had served the public for many years with fidelity and integrity, and who died leaving to his chil- dren an unblemished name.

DAVID PUTNAM became a member of the

Washington County bar about 1808. A sketch of his life will be found in the biography of Samuel HI. Putnam, in another chapter of this volume, devoted to "Sketches of Pioneers."

GUSTAV SWAN was born at Peterborough, New Hampshire, in 1787. By his own exer- tions he obtained a good clerical and scientific education. He studied law at Concord, New Ilampshire, and was admitted to the bar of that State. In 1810 he came to Marietta, and was admitted to the bar of Ohio. From Mari- etta he moved to Franklin County, and en- gaged in the practice of law. In 1812 and again in 1817 he was a representative in the Ohio Legislature. Int 1823 he was elected judge of the Common Pleas Court, and at the expiration of his teri of office resumed the practice of law in Columbus, and continued there until 1843.

Judge Swan was an eloquent and able ad- vocate, and his practice in Franklin and neigh- boring counties was large. . After 1843 he de- voted himself more exclusively to his duties as president of the State Bank of Ohio. He died at Columbus, February 6, 1800.

CALEB EMERSON was born August 21, 1779, at Ashby, Massachusetts. It appears from some fragmentary memoranda among the papers he left, written in the last years of liis life, that he lost both his parents early ; that his mother died when he was six weeks old; that his father lost his health in the Revolution- ary War, and his property by Continental mon- ey ; that he was brought up by persons who were not of his kin; and that he was a student at law and assistant editor for some time be- fore he left New England for Ohio, in the fall of 1808.

There remain to his descendants very few of the letters he received previous to 1820. Of the documents connected with his New Eng- land life, the most important is a file of letters from James Elliott, Esq., a lawyer of Brattle- borough, Vermont. Mr. Elliott appears to have been his early friend and counsellor, and showed much interest in his future advance- ment. In the earliest of these letters, dated January 3, 1801, he speaks of the young man's

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correct and friendly letter (addressed to him from Mason, postmarked Amherst, New Hampshire ), and says it bears the marks of an honest mind, and the promise of future excell- ence. He desires to know his age, profession and prospects, his place of residence, amuse- ments of infancy and course of study, and wishes to correspond with him occasionally.

In a subsequent letter Mr. Elliott speaks approvingly of his purpose to go west, but advises him first to spend a year or two in a law office, as in a new country the farmer, merchant and lawyer might all be combined in one person. He recommends that he culti- vate his literary tastes, and promises to aid him.

In February, 1806, then at Washington City, Mr. Elliott addresses him as a student at law at Amherst, New Hampshire, having as- certained his then residence from the publisher of the Farmers' Cabinet at that place, whom he was probably assisting in the editorship of that journal.

Mr. Elliott frequently posted him up in the proceedings of Congress for the subsequent two years, and was one of several well known persons in that part of New England to give him recommendations as to general good char- acter and proficiency in law studies, when he left for Marietta, Ohio.

Governor Tiffin, of Ohio, had advised a friend of Mr. Emerson's, at Washington, that it was not necessary for an applicant for ad- mission to the Ohio bar to appear before the judges in session, but he could apply to any judge separately, who, if satisfied of his com- petency, could give him his certificate, and then he would apply to another judge, and the several certificates he received would entitle him to admission.

One of his remaining letters is one of rec- ommendation from Hon. Paul Fearing, then a judge, dated September 13, 1809 (to Gen. Philemon Beecher, of Lancaster, Ohio), of Mr. Emerson, as a suitable candidate for ad- mission to the Ohio bar, and doubtless he was admitted about that time. He opened a law office at Marietta, visiting some of the neigh- boring County Courts.

He married, July 29, 1810, Mary Dana, daughter of Capt. William Dana, of Belpre, Ohio, one of the early emigrants from New England.

In the same year began his connection with the Western Spectator, a weekly journal of Marietta, to which was annexed a small book- store. The first number seems to have been issued about the 23rd of October, 1810. He gave it up July 31, 1813, but continued the practice of law, and was appointed prosecuting attorney of Washington County in February, 1815, and was continued in that office until April, 1821. In October, 1820, while residing on Front, between Scammel and Worcester streets, the dwelling house he occupied was consumed by fire, and most of the furniture and clothing of the family, and nearly all his valuable papers were destroyed. He and his family experienced great kindness and hospi- tality from the citizens of Marietta. Ilis law business was continued.

In 1822 a fever, supposed to result from the miasmatic influences of the Ohio shore, prevailed extensively in Marietta township and elsewhere. Mr. Emerson's family was down with it for a considerable time, usually leaving only one or two to wait on the rest. He was afterwards prostrated with a sickness which brought him very near the gates of death. After his recovery, he had an abiding convic- tion that close application to a law office was ruinous to his health ; and though his connec- tion with legal matters was more or less main- tained to the last years of his life, his time was largely given to horticultural and other indus- trial pursuits, mingled with literary, political, and social activities, and efforts in behalf of religious, moral, and educational institutions in Marietta.

He and his wife joined the Marietta Bap- tist Church, which then worshiped four miles above the village, about the year 1822, and remained in its communion to the last.

Being one of the earliest trustees of Mari- etta College, and remaining such during his life, he displayed an abiding interest in its growth.

In the year 1836 he was editor of the Mari-

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etta Gasette. a firm advocate for the right of free discussion. Certain lecturers about that time, in behalf of negro emancipation, were in danger of being mobbed, but the energetic philanthropists of Washington County secured for them fair treatment. In December, 1837, the Marietta Gazette passed into the hands of Isaac Maxon.

Several years later an advantageous sale of Mr. Emerson's three-acre lots near Marietta. gave him leisure for literary effort. Ile wrote much in favor of emancipation, for journals both at home and abroad.

During the last 10 or 12 years of his life, he took great interest in the early history of Ohio, and especially of Washington County, and made extensive collections of old news- papers and other documents calculated to pre- serve a knowledge of the past, and to some ex- tent lectured on these subjects. His duties as master commissioner in chancery, and as ad- ministrator for several estates, gave him oppor- tunities for travel, where he could gather up such material. Probably the most complete of his essays on these subjects was an article in the North American Review, which includes the details of Mr. Manasseh Cutler's mission to Congress in behalf of the Ohio Company, for the purchase of the well known tract which bears its name.

In 1845 he took an active part in bringing the celebrated case of the captured Ohioans. which involved, in part, the question of bound- ary between Ohio and Virginia, to the notice of the State authorities. Ilis sympathies were strongly enlisted for the oppressed and down- trodden.

He died March 14, 1853, at his homestead in Marrietta, aged 7372 years.

JOHN PENNYBACKER MAYBERRY was born March 1, 1790, at Pine Forge, near the village of New Market, Virginia. His home was located in the loveliest portion of the beautiful valley of the Shenandoah. This is now a his- toric location from the fact that during the late Civil War this homestead was the scene of many of the severest struggles for the posses- sion of the valley.

His father was an Irish gentleman, having emigrated to America in early life. His mother was descended from German ances- tors. Her maiden name was Rebekah Penny- backer. She was one of the large family of Pennybackers so well known throughout Penn- sylvania.

John P. Mayberry, while in the valley of the Shenandoah, studied law under the eminent Judge Allen, of New Market, Virginia. Be- fore completing his studies, however, in the year 1810, his father determined to seek a new home in the rich lands beyond the mountains, and his son, John, accompanied him, purchas- ing plantations near Belleville, Wood County. Virginia. They there settled. After a brief sojourn upon the plantations, he became deputy sheriff of Wood County. In 1812 he visited Richmond, and made application for admission to practice in the State courts, and was given a certificate.

After his return, however, wishing to pur- sue his studies and perfect himself in other branches of the law, he went to Ohio, attracted by the reputation of Judge Fearing, of Har- mar, Ohio, who was the first lawyer admitted to the bar in this State, the attorney of the Ohio Company and the leading legal mind in the Northwest Territory. Here he had the advan- tage of an extensive library, and finished his studies with Judge Fearing in 1815. On the 15th of Angust, 1816, he married the only daughter of his preceptor, Lucy Willis Fearing. with whom he lived over 50 years. In 1817 he removed with his family to Parkersburg, Vir- ginia, and soon after was elected as a Repre- sentative of the Whig party to the House of Delegates at Richmond and served during the term of 1817 and 1818. In 1818 he left Rich- mond to accept the position of receiver of pub- lic moneys, tendered him by the United States government. This necessitated his return to Marietta, Ohio, where he succeeded Col. Levi Barber, who was elected to Congress. The business of this office was very extensive, as the Territory was fast filling up, and the gov- ernment lands selling rapidly. His experience while in office illustrates the purity and hon-

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esty of the pioneer settlers of the Northwest. The law existing at that time required the re- ceiver to deposit all moneys received in the United States repositories situated at Cincin- nati and Chillicothe, and the payments were to be made in the same coin as was paid to the receiver. The gold and silver received during the quarter had to be transported from Mari- etta to the points above-named. At that time the woods were unfrequented and obscure, and the country sparsely settled, making it a peri- lous journey to transport $6,000 or $8,000 in gold and silver on horseback. Yet these trips were made at the expiration of each quarter by Mr. Mayberry, accompanied by his father, or Henry or Silas Fearing, and Col. David Bar- ker, and during his term of office of over 10 years, neither he himself nor his messengers were disturbed in their journeys to and fro. Mr. Mayberry was receiver until the year 1829. During this period he was also elected prosecuting attorney of Washington County, faithfully performing his duties and giving entire satisfaction to the public.

Retiring from these two important offices, and after settling his affairs relative thereto, he left Ohio and returned to his old home at Park- ersburgh, and engaged in mercantile business. As was the custom in those days, he made fre- quent journeys over the mountains to Phila- delphia on horseback for the purpose of pur- chasing his stock in trade. While still en- gaged in merchandising, he was elected prose- cuting attorney for the county of Wood. In 1832 he was again called from private life, being elected to the House of Delegates. At the expiration of this term, he was re-elected by his well-satisfied constituents, and although not seeking or having any desire of office, he was again returned in 1837 and 1838, to the House of Delegates ; his ripe experience and sound judgment making him a great power, giving him the foremost position among the legislators.

The first recognition of any material im- portance which Parkersburgh or Wood County received from the State Legislature of old Virginia in the way of improvement and bring-

ing them into public notice, was the establish- ment of the Northwestern Virginia turnpike road leading from Winchester in the valley of Virginia over the Alleghanies to Parkers- burgh, a distance of 250 miles. This great work was completed while Mr. Mayberry was in the House of Delegates, and to his exer- tions, no doubt, is West Virginia indebted for this great benefit.

He acquired wealth by prudent investments in real estate, together with the inheritance which his wife received from her father's es- tate.

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History of Marietta and Washington County, Ohio, and representative citizens, Part 62

Author: Andrews, Martin Register, 1842-; Hathaway, Seymour J Publication date: 1902 Publisher: Chicago : Biographical Pub. Co. Number of Pages: 1490

Author: Andrews, Martin Register, 1842-; Hathaway, Seymour J
Publication date: 1902
Publisher: Chicago : Biographical Pub. Co.
Number of Pages: 1490