USA > Ohio > The Biographical encyclopedia of Ohio of the nineteenth century. Pt. 1 > Part 64
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AYNE, HON. HENRY B., Lawyer and States- man, was born in Hamilton, Madison county, New York, on November 30th, 1810. Ilis father, Elisha Payne, an early settler of that county, hav- ing removed there from Lebanon, Connecticut, in 1795, was a man recognized for his personal in- tegrity, purity of character, and public spirit. He was in- strumental in an eminent degree in founding the Hamilton Theological Seminary. Henry B. Payne was educated in Hamilton College, Clinton, New York, and was of the class of 1832. The same year he commenced the study of law in the office of John C. Spencer. In i8 ;; he removed to Cleveland, Ohio, then a village of three thousand mhabi. tants, and was admitted to the bar in 1834, and at once commenced the practice of law with H. V. Willson, his partner and former class-mate, and so continued twelve years, when he was obliged to relinquish his profession in consequence of hemorrhage of the lungs. Subsequently he was a member of the City Council two years, and assisted in reforming the finances of the city so that the municipal credit was restored. He also assisted in reconstructing the fire department. In 1849, with John W. Allen, Richard Ililliard, John M. Wooley and others, he entered earnestly into measures for constructing the Cleveland & Columbus Railroad. On the completion of the road in 1851 he was elected President, and retained the office until 1854, when he resigned. During his presidency the organization was perfected to such a degree that for many years there.
came a Director of the Cleveland, Painesville & Ashtabula Railroad (now Lake Shore). In 1854 he was elected a member of the first Board of Water Works Commissioners. They located, plummed and completed the Cleveland Water Works. In 1862 the Legislature created a Board of Sink- ing Fund Commissioners for the city of Cleveland, and he has been President of the Board since its organization. The original fund, about $250,000, in twelve years increased to nearly $2,000,000, which is, as a trust fund, perhaps without a parallel in the United States. Early he became a stock- holder and director in eighteen corporations, such as coal and iron mining, manufacturing in various branches, mon -. cyed institutions and others, all of which were in a sound and flourishing condition. In politics he has ever been a Democrat. In 1849 he was elected to the State Senate and served two years. In 1851 he was the Democratic noniinee for United States Senator, but after a prolonged balloting he was defeated by one vote, the Hon. Benjamin F. Wade being elected. In 1857 the Democrats nominated him for Governor, but the Hon. Salmon P. Chase was elected by a few hundred majority. He was chosen a Cass elector in 1848, and was a member of the Cincinnati Convention which nominated James Buchanan in 1856. In 1860 he was a delegate at large to the Charleston Convention, and reported the minority resolutions which were adopted by the Convention. His speech advocating the report was re- markably eloquent. In it he condemned everything which would lead to secession, and delivered in bold and fearless style, it commanded the respect of the extreme Southern mem- bers. In 1858 he aided Stephen A. Douglas in his opposi- tion to the Lecompton Constitution, by making speeches against it in Columbus, Cincinnati, Indianapolis, and other cities. He was also active in procuring the passage of resolu- tions against it by the Ohio Legislature. In 1858 he joined Douglas against Lincoln, in the former's celebrated cam- paign. When the civil war came he persevered in public and earnest efforts for the suppression of the rebellion. In 1862 be addressed the people earnestly and vigorously in favor of enlistments and with good results. He also joined with other patriotic and wealthy citizens in a guarantee and indemnity to the County Treasurer for advancing moneys to equip regiments, trusting to future legislation for the justification of that official for such advances. He was Chairman of the Ohio. delegation at the Baltimore Con- vention in 1872, which nominated Horace Greeley. In 1874 he accepted the nomination of the Democrats and Liberal Republicans for the Forty-fourth Congress, and was elected by a majority of 2532, in a district which had, prior to that time, given a Republican majority of about .5000. When he accepted the nomination he said : " If elected, and life is spared to serve out the term, I promise to come back with hand and heart as undefiled and clean as when I left yon." As a political leader he has ever retained the confi- dence of his party and the respect of all. He has recently
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been prominently mentioned as a candidate for the Presi- one of the oldest in the city in the boot and shoe trade, and dency of the United States. He was married in 18.56 to the only daughter of Nathan Perry, a retired merchant of Cleve. land.
"has been built up by strict integrity and indefatigable indus- try on the part of its founder and proprietor. But while Mr. Gates has been diligent and successful as a merchant, he has not been indifferent to the claims of Christian benevolence. lle has been more or less closely identified with all the public charities of the city, and for many years he has been one of the most devoted workers in the " Cincinnati Union Bethel," an institution that has a fame world-wide, because of the character and extent of its practical benevolence and Christian labors. To this institution he has given freely of . his means and time, and for the last seven years has served as the honored President of its Board of Directors. Mr. Gates deservedly shares very largely in the esteem and con- lidence of his fellow-citizens, and has before him a still more prosperous career as the eventide of human life draws near.
ATES, JOIIN, Wholesale Boot and Shoe Merchant and Manufacturer of Shoes, was born at Scales, Cumberland county, England, February 20, 1819 .. The quaint old English homestead where he was barn, which has come down from father to son through may generations, still stands with it, precious memories an object of special interest to the Gates family. His parents were devotedly religion, people, mem- bers of the Wesleyan connection, and shared the opprobrium and hardship, incident to the early history of Methodism in England. In 1830 Mr. Gates came with his parents to America, and they landed in the city of Quebec, Canada, 00 with the intention of making Cincinnati their home. While on their journey, his father was taken sick in Zanesville, ICKEY, ALFRED S., Lawyer and Judge, was born in Giles county, Tennessee, January 61h, IS12. When he was about four years old, his parents removed to South Salem, Ross county, Ohio, where he grew to manhood. Ile descended from a family who removed from the north of Ire- land to the colony of Virginia, many years before the revo- lutionary war. His ancestry, so far back as any knowledge extends, were always noted for their devotion to Presbyte- rian religious faith. On the 19th of January, 1832, he was married to Emily Ann Mackerly, and shortly afterward re- moved to Washington Court House, where, in 1838, he was elected Prosecuting Attorney. Ilcre he rose rapidly in his profession, and soon occupied an enviable reputation, both as counsellor and advocate. In March, 1847, he removed to Greenfield, as much to educate his children at the Greenfield Academy, as to be more in the centre of his practice, which now extended to the several surrounding counties. He succeeded Ilon. James Sloan to the office of Judge of the Court of Common Pleas for the counties of Ross, Highland and Fayette, by appointment from Governor S. P. Chase in 1858, and was successively re-elected to that office until the fall of 1871, when he was succeeded by Judge S. F. Steele. He now returned to the practice of his profession, and while on a visit to his sister, near Ripley, Ohio, suddenly became ill, and after a few hours departed this life on the 22d day of August, 1873. His last distinguished professional effort was made in the Supreme Court of Ohio, December term, A. D. 1872, in the case of James Taylor and others vs. The Board of County Commissioners of Ross Connty et al. In this case the famous Boesel Railroad Law was declared unconstitutional, and with that case terminated the professional career of Judge Dickey. The case was characteristic of the man. Being of the people and the founder of his own fortune in every respect, he was opposed Ohio, and after a few days' illness died. His sister also was taken sick and died, leaving the remainder of the family to find their way through the hardships of flatboat navigation on the Ohio river to the city of their destination. In the spring of 1831 young Gates arrived in Cincinnati, where he has since resided, and where he has made his mark as a thorough and successful business man. In his early youth he had acquired the rudiments of an English education, and on arriving in his new home, availed himself of the advan- tages of Woodward lligh School, under the guidance of Professor Mathews and Dr. Joseph Ray. On the comple- tion of his educational course he entered the Methodist Book Concern to learn printing. Here he remained a year setting type and carrying the Western Christian Advocate to city subscribers. This method of learning a trade did not quite suit his views, and he left, and entered the Cincinnati Type Foundry, where he completed his education in the art of printing. After this he worked as a journeyman in the old type foundry, which stool where the magnificent Saint Raud Methodist Episcopal Church now stands. In ISpo, having laid up four hundred dollars, he borrowed four hundred more, and with this capital entered into part- nership with John Simpkinson, in the retail shoe trade. This partnership was continued two years and a half, when he bought out a Mr. Cherver, on Lower Market street, and started business for himself. Here his business was very successful, and gradually grew into the jobbing trade. In 1841 he was united in marriage to a most estimable young lady, Elizabeth Collingwood. Ilis business continued to increase, so that in 1850 he purchased and moved into his present large establishment on Pearl street, where he has ever since been in the wholesale trade exclusively. In 1871 the demands of his business became so great that he began the manufacture of Indies', misses', and childrens' sewe I and pegged shoes. The house of John Cales & Co. is now I in every interest of his nature to extravagance in private or
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public life ; and therefore he most earnestly opposed the il- limited and illimitable power of taxation as claimed by the State ; and throughout the able argument of himself and his compeers, that zeal, that carnestuess, and that conviction of right can be perceived controlling the line of the argument which always characterized him when once he espoused a canse. He was a Democrat until the Kansas territorial trouble sprang up as to the area of slave territory, and on the nomination of Mr. Buchanan, believing that the result of his election would tend to perpetuate slavery and the increase of the slave power, and being conscientiousty faithful to all the interests of his nation and his education and the religion of his family, he began gradually to withdraw his allegiance from the Democratic party to identify himself with the new purty then forming, and which resulted in the organization of the present Republican party. With this latter party he most earnestly supported the administration of Mr. Lincoln throughout the whole war of the rebellion. He had a just conception of the position and functions-the rights and duties-of the bar ; and he looked upon the profession as something above a mere occupation in which to make money. Ile not only believed that underhand practices will ful in the end, but he detested such practices as in them- selves wrong and dishonorable, and bringing the profession itself into disrepute. Ile had an excellent mind for the law. His power of analysis was strong. In the investiga- tion of a subject his mind rejected the irrelevant and weak. Ile was fond of investigating and applying general princi- ples. Ilis mind pondered upon whatever subjects he under- took to examine, until he saw them in all their aspects and bearings. Ile endeavored in his investigations to keep clear of the ruts of commonplace, and to tread on the higher planes of thought. He did not decide until his judgment was thoroughly convinced. If he could not, on the first effort, find data on which to base a satisfactory conclusion, he suspended his judgment for the time being, and renewed his process of pondering. He was an instance of the truth of a striking observation of a distinguished philosopher : " There is," says he, " much in this process of pondering and its result which it is impossible to analyze. It is by a kind of inspiration that we rise from the wise and sedulons contemplation of facts to the principles on which they de. pend. The mind is, as it were, a photographic plate, which is gradually cleansed by the effort to think rightly, and which, when so cleansed, and not before, receives impres- sions from the light of truth." Whilst he was at the bar, Judge Dickey was a successful lawyer. He did not degrade his profession by making merchandise of his legal knowl- edge and skill. Ile did not " run down " business, but let it seek him. He would not litigate a case, if he could well avoid it, when he thought his client would surely fail. Ile never encouraged a client who had not justice on his side. He preferred compromising controversies to bitterly litigat- ing them. He seldom prepared any other brief than a ref- erence to a few authorities, and he hardly ever prepared a la sensitive man; his emotional nature was of fine fibre.
written argument. He could think and reason orally with greater accuracy, clearness and force, than he could with a pen in his hand. On the trial of a case he was master of the facts, mideistood the exact points in contest, and was prepared to discuss them intelligently and ably. He had an eminently judicial cast of mind. Ile loved justice, and de- sired that every case should, if practicable, be decided upon its substantial merits. Some practitioners in his counts thought he was too much inclined to allow equitable views and considerations to enter into his decision of every ques- tion and every cause. A sound point, clearly stated by the weakest member of the bar, had the same effect upon his judgment as it would have had if urged in argument by the strongest lawyer in his court. He was not often misled by a fallacious proposition, however artfully and strongly put. llis instructions to the jury were plain and simple. Whilst he had a discriminating mind-a mind for which clear, nice distinctions were nutriment-still, as a magistrate, he seemed to think that too much refining destroys pure reason and in- terrupts the course of justice. Very few of his rulings or judgments were reversed. Nearly all of them that were carried to the Supreme Court were unanimously affirmed. Judge Dickey was a good judge. He seemed to have been fitted up by his mental and moral training, and his habits of industry and patient investigation, peculiarly for that posi- tion. Not a quick, off hand, rapid despatcher of the business before him, ready, as some, before they have half heard a case, to decide, and become impatient, but a patient, pains- taking magistrate, willing to hear all and to weigh all the matters involved in the case, and only ready to decide upon the fullest investigation and a thorough understanding of the whole case. Such a man could but make a safe judge. Ile was an honest man, and desired to administer the law so that right and justice should be done " though the heavens fell." Slow in coming to conclusions, it is true, sometimes, but when he did conclude he was firm, fixed and steadfast ; not opinionated, however, but always ready to yield an opinion when convinced of his error, and always open to conviction by force of reason and truth. If we have, or have had any men among us who have or had the qualifica- tions that Jethro recommended to Moses to select for judges in Israel, he was one of them. Ile was an " able man, such as feared God, a man of truth, hating covetousness." On the bench, at the bar, and in every other position, he was of sterling integrity. " The best court of equity is a good con- science." But above all, he was a true man. He was kind, genial, tolerant and intelligent. He could interest, edify, and divert any person, whether learned or illiterate, rebned or rude, young or old. Ilis conversation and dis- course were characterized by solid sense and useful infor- mation, and oftentimes sparkled with seasonable wit and humor. If any man who came into his company had any genuine wit or humor in his nature, it would be brought out-it would catch of the judge's, as fire of fire. He was .
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Hence he was easily affected by sharp or unkind words, or malicious criticism. But he was not revengeful ; his resent- ments were fleeting. He doubtless thought the most speedy and effectnal, as well as the noblest, remedy for injuries is oblivion. Ile cherished his friends; " grappled them to his soul with hooks of steel." And he seemed to regard them as a shield to his sensitive nature against harsh criticism and unjust censure. Ile was more charitable in his judgment of his fellow-men than they were in their judgments of him. In speaking of others he acted on the principle that detrac- tion is a sin against justice. He did not try to discover and hold up for ridicule and execration the foibles of any man, whether friend or foe. He was above the meanness of envy. He never sneered at that which he could not rival. He praised meritorious deeds, by whomsoever done. He was pleased when a young man came to the bar who gave promise of maintaining its proper standard of learning, honor and ability. No man ever trusted him and was de- ceived or betrayed. He had a spark of divinity within him that made him every inch a man. He loved virtue and hated vice. His heart was always touched by the misfortunes of his friends or fellow-men, and his hand always outstretched and his pocket open to alleviate distress, come from what quarter it might. He was frank and firm in what he be- lieved to be right, and would not " have flattered Neptunc for his trident, or Jove for his power to thunder." He was a modest and unassuming man, cool and reflecting. His physical powers seemed hardly robust enough without ex- citement to a full development of his intellectual. His an- alytical and logical powers were of a superior type, and when duly exercised on any subject, his conclusions were seldom incorrect. He loved his family ; he was bound to them by strong cords of affection, and perhaps in no sphere of life were the beanties of his true character and real inner life displayed to better or even as good advantage as in his family life-his home circle. Ilis home was home indeed ; there love and affection reigned, and virtuc and intelligence displayed themselves in their true loveliness and beauty. His | had charge of the fortifications in the harbor of San Fran- was a character requiring no conecalments-no charitable coverings, which the grave is too frequently called on to conceal. " De mortuis, nil nisi bonum " is not to he ap. plied to him.
Cynthia ( Russell) MePherson, was a native of Massachusetts. They were married near Canan- doigua, New York, and removed shortly thereafter to Ohio. Here they settled on a tract of one hundred and sixty acres, near where the village of Clyde now stands, and built a frame house and blacksmith shop, and the husband divided his time between working in the latter and clearing bis farm.
Four years after their arrival the future general was born. Ile grew up among the surroundings of a back woods hfe, a hardy and vigorons lad, working in the various departments of farm labor. The father became unfortunate in business, and with this blow came the keener one of failing health. The family were compelled to struggle the best they could. James, the eldest, was thirteen years of age at the time, and a bright, intelligent lad. Hle obtained a position with Robert Smith, postmaster and storekeeper at Green Spring, the next village, where he helped to lighten the burdens of his mother. In this place he remained for six years as store-boy and clerk. He was trustworthy and industrious, and liked by all with whom he came in contact. After the first year or two at the store he attended school in the win- ter, and it was always a regret with him that he could not attend more regularly. He was an admirable penman, and relied much upon this to pass examination for West Point. Ile was very anxious to improve his education and general knowledge, and greedily devoured books of all kinds. The vision of an appointment to West Point induced him to enter the academy at Norwalk for a couple of sessions of prepara- tory study. He was now nineteen, and he was fearful lest this and his lack of education would militate against him in his ambition to secure the coveted prize. He secured it, however, and entered the academy a few months before at- taining his majority. Among his classmates was one with whom in conflict he was afterwards to meet death-James B. Ilood. Another classmate was Philip II. Sheridan. Others, whose names were afterwards distinguished in the late war, were also in the class with this backwoods boy. He was a remarkably apt scholar, especially in scientific studies, and ranked high as a well-behaved student. Grad- uating at the head of his class, he was assigned to the en- gineers. He was kept at the academy for a year as Assistant Professor of Practical Engineering. For three years he was engaged in engineering duty on the Atlantic coast, mostly at the New York harbor. For three years and a half he cisco. Ile had developed into an accomplished engineer. Ile was very affectionate in the family circle, thoroughly cu- joyed his visits home, where he was almost worshipped. His father had died before his appointment to West Point. As is the case very generally with regular army officers, he was conservative in politics, and had a dislike for extremists, especially abolitionists. At the I reaking out of the war he was in California, and he wrote to his mother a letter
CPIERSON, GENERAL JAMES BIRDSEVE, was born at Clyde, Sandusky county, Ohio, No- vember 14th, 1828. His father, William McPher- couched in honest patriotism. After personal application son, was of Scotch-Irish descent, and his mother, he obtained orders to come East in the summer of 1861, and was assigned to engineer duty in Boston harbor, and in August was made a Captain of Engineers. When Halleck went West he was promoted to a Lieutenant-Colonelcy of Volunteers, and assigned to his staff. This was in Novem- ber of the above year. When Grant moved on Forts Henry and Donelson, he was there as Brevet Major and Chief- Engineer of the expeditionary forces, Here his health gave
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way from exposure, and he was compelled to seek medical | volley of bullets. A shot entered his right lung and shat- assistance for a time. When he returned to duty early in the spring, he bore with him the instructions to Grant for the movement up the Tennessee. For efficient service in this disastrous campaign, ending at Pittsburgh Landing, he was promoted to a Lieutenant Colonelcy in the regulars an.l a Coloneley in the volunteers, and again placed on Halleck's staff, this time as Chief-Engineer to the armies moving against Corinth. Though he did his work faithfully and well, he afterwards disapproved of the plans of his superior. When the latter was summoned to Washington as General- in.Chief, the young staff-officer remained behind, and shortly after, on the recommendation of General Grant, was made a Brigadier General of Volunteers, that he might become Military Superintendent of Railroads. He remained, how- ever, on Grant's staff until after the battle of Iuka. With a hastily formed brigade, he did good service in the relief of Rosecrans at Corinth. His gallantry soon after won him a Major-General's epaulettes. Ile was now called upon to leave his duties as a railroad engineer, and in testimony of appreciation his old subordinates gave him a parting supper, at which he was presented with a horse, saddle, bridle and sword. At this happy scene Grant, Logan, and many other rising officers were present. After his promotion he was assigned to the district of Bolivar. Here he furnished much information to Grant in shaping his first Vicksburg cam- paign. By order of the latter he made a successful recon- noissance to discover the enemy's strength. Ilis services were so well appreciated that he was placed in command of the entire right wing of the army of the Tennessee, and assigned to the advance. When the movement upon Vicks- burg by way of the Mississippi commenced, he was reorgan- izing his command at Vicksburg, which had been much weakened by the loss of supplies by the surrender at Ilolly Springs, and which necessitated long marches and short rations. He was prominent and active in this memorable campaign, and was one of the most successful officers in his operations. Indeed, many writers have placed upon his brow the laurels of that great Union victory. On recom- mendation of Chant he was made a Brigadier General in the regular atmy. At one time hints were thrown out that he was too kind to rebel prisoners and had sympathies of a Southern character, but they are hardly worthy of passing notice. He was presented with a " goll medal of honor " by the Board of Honor for his military successes. At the opening of the Atlanta campaign he had secured the re- enlistment of his corps. That memorable campaign was his last. Hle took a conspicuous part in the movement on Atlanta, doing noble service for his country. He had been galloping hither and thither, giving orders and directing movements, when he ran into the fatal trap. He was riding from the 16th toward his own corps, the 17th, which he had heard was being badly pressed, when he came suddenly upon a skirmish line of rebels, and was ordered to halt. l'ausing a moment, he dashed into a wood, followed by a
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