USA > Pennsylvania > Luzerne County > Wilkes-Barre > A history of Lodge no. 61, F. and A. M., Wilkesbarr?, Pa. with a collection of masonic addresses > Part 24
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left his impress upon the jurisprudence of the State in important re- spects. In the affairs of the United States he left a record equally lus- trous. As Secretary of State Judge Black made vigorous opposition to the secession movement, and led the Northern wing of the Cabinet in favor of reinforcing Fort Sumter.
He was a great lawyer-yet not great as some viewed him, but great in his knowledge of elementary principles ; great in his conception of right, and grand in his masterly expression of his convictions. He was a true type of a class of men called from the middle walks of life, who, from the vigor of their intellects, varied acquirements, and native energy, force their way to the highest positions and command recog- nition everywhere.
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grave. For nearly a quarter of a century he was Chief Justice, and when he was nominally superseded by another, as the head of the Court, his great learning, venerable character, and over-shadowing reputation, still made him the only Chief whom the hearts of the peo- ple would know .*
"During the long period of his judicial labors he discussed and de- cided innumerable questions. His opinions are found in no less than seventy volumes of the regular reports. At the time of his death he had been longer in office than any cotemporary Judge in the world ; and in some points of character he had not his equal on the earth.
* * * * * *
"His written language was a transcript of his mind. It gave the world the very form and pressure of his thoughts. It was accurate, because he knew the exact boundaries of the principles he discussed. His mental vision took in the whole outline and all the details of the case, and with a bold and steady hand he painted what he saw.
" He made others understand him, because he understood himself. His words were always precisely adapted to the subject. He said neither more nor less than just the thing he ought. He had one faculty of a great poet : that of expressing a thought in language which could never afterwards be paraphrased.
" When a legal principle passed through his hands, he sent it forth clothed in a dress that fitted it so exactly that nobody ever presumed to give it any other. Almost universally the syllabus of his opinion is a sentence from itself; and the most heedless student, in looking over Wharton's Digest, can select the cases in which Gibson delivered the judgment, as readily as he would pick out gold coins from among coppers.
"For this reason it is, that though he was the least voluminous writer of the Court, the citations from him at the Bar are more nu- merous than from all the rest put together. Yet the men who shared with him the labors and responsibilities of this tribunal (of course I am not referring to any who are now here) stood among the foremost in the country for learning and ability. To be their equal was an
* When Judge Black was selected as Chief Justice he positively de- clined to claim the central seat on the Bench, but insisted that his venerable associate should still occupy that place-which he did to the end of his life.
Graceful and touching tribute! Honorable alike to Gibson, who received it, and to Black, who rendered it.
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honor which few could attain ; to excel them was a most pre-eminent distinction. * * *
" He was of all men the most devoted and earnest lover of truth for its own sake. When subsequent reflection convinced him that he had been wrong, he took the first opportunity to acknowledge it. He was often the earliest to discover his own mistakes, as well as the foremost to correct them. He was inflexibly honest.
"The judicial ermine was as unspotted when he laid it aside for the habiliments of the grave, as it was when he first assumed it. * *
"Next, after his wonderful intellectual endowments, the benevolence of his heart was the most marked feature of his character. His was a most genial spirit-affectionate and kind to his friends, and mag- nanimous to his enemies. Benefits received by him were engraved on his memory as on a tablet of brass; injuries were written in sand. He never let the sun go down upon his wrath. A little dash of bit- terness in his nature would, perhaps, have given a more consistent tone to his character, and greater activity to his mind. He lacked the quality which Dr. Johnson admired. He was not a good hater. *
"Judge Gibson was well appreciated by his fellow-citizens: not so highly as he deserved; for that was scarcely possible. But admira- tion of his talents and respect for his honesty were universal senti- ments. This was strikingly manifested when he was elected in 1851, notwithstanding his advanced age, without partisan connexions, with no emphatic political standing, and without manners, habits, or associations calculated to make him popular beyond the circle that knew him intimately. With all these advantages, it is said, he nar- rowly escaped what might have been a dangerous distinction ; a nom- ination on both of the opposing tickets.
"Abroad he has, for very many years, been thought the great glory of his native State.
" Doubtless the whole Commonwealth will mourn his death; we all have good reason to do so. The profession of the law has lost the ablest of its teachers, this Court the brightest of its ornaments, and the people a steadfast defender of their rights, so far as they were capable of being protected by judicial authority.
"For myself, I know no form of words to express my deep sense of the loss we have suffered. I can most truly say of him what was said long ago, concerning one of the few among mortals who were yet greater than he : 'I did love the man, and do honor his memory, on this side idolatry, as much as any.' "
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Judge Gibson had seven children, and at his death he was survived by his wife and four children. Mrs. Gibson died in 1861, and only two of the children are now living, namely :
Mrs. MARGARETTA MCCLURE, born at Wilkesbarré, Penn'a, in 1815. She is the widow of Col. Charles McClure, who was a well-known lawyer of Carlisle, Penn'a.
GEORGE GIBSON, born in 1821. He has been since 1853 an officer in the Army. During the War of the Rebellion he was for a short time stationed in Wilkesbarré, on re- cruiting service. He was at that time a Captain in the 11th U. S. Infantry, and is now Lieutenant Colonel of the 3d Infantry.
Another daughter of Judge Gibson was the wife of the late W. Milnor Roberts, the distinguished civil engineer.
The following verses were written by Judge Gibson and printed in The Model American Courier, November 19th, 1853. It is not particularly sublime poetry, but, unlike some more pretentious efforts, there is no difficulty in un- derstanding its meaning. It is the only poetry the Judge ever wrote, and it is interesting because it indicates that its author was a man of noble heart as well as of great intellect.
" RETROSPECTION
"On revisiting the dilapidated birth-place of the author, after an absence of many years.
"BY JOHN BANNISTER GIBSON. (A first and last attempt.)
" The home of my youth stands in silence and sadness, None that tasted its simple enjoyments are there ;
No longer its walls ring with glee and with gladness ;
No strain of blithe melody breaks on the ear.
The infantile sport in the shade of the wild-wood,
The father who smiled at the games of the ball;
The parent still dearer who watched o'er my childhood,
Return not again at Affection's fond call.
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And the garden-fit emblem of youthi's fading flowers- No fawn-footed urchin now bounds o'er its lawn ; The young eyes that beamed on its rose-colored bowers, Are fled from its arbors-forever are gone.
Why, memory, cling thus to life's jocund morning ? Why point to its treasures exhausted too soon ? Or tell that the buds of the heart at the dawning, Were destined to wither and perish at noon ?
On the past, sadly musing, oh pause not a moment ; Could we live o'er again but one bright sunny day,
'Twere better than ages of present enjoyment, In the mem'ry of scenes that have long passed away.
But Time ne'er retraces the footsteps he measures- In fancy alone with the past can we dwell;
Then take my last blessing, loved scene of young pleasures, Dear home of my childhood-forever farewell.
COL. ELISHA B. HARVEY.
COL. ELISHA B. HARVEY.
The progenitor of the Harveys of the Wyoming Valley was Benjamin Harvey, who came into the Valley from Lyme, New London county, Connecticut, and settled, in the year 1772, in the lower end of Plymouth township. He was born in Lyme, July 28th, 1722, and was the sixth and youngest child of John Harvey, Jr., who was the son of John Harvey, Sr., of Lyme. The last named "was a soldier in Major Appleton's company in the great Narragansett fight, December 19th, 1675, in which he was wounded but not disabled." [Vide Savages's Dictionary.]
Benjamin Harvey, being a man of intelligence, and pos- sessed of considerable means (at the time of his death he was one of the richest men in the Valley), became promi- nent among the Wyoming settlers.
Charles Miner, the historian, said of him: "He was esteemed one of the most considerate, prudent men among those who first established themselves in the Valley. He was the intimate friend, and frequently the confidential ad- viser, of Col. Zebulon Butler,* they having formerly been neighbors [at Lyme, Conn]. He was often employed in situations of trust and delicacy, and his opinions were re- garded with marked respect." He died in Plymouth, Lu- zerne county, Penn'a, November 27th, 1795.
He had four sons. The eldest, Benjamin, was a soldier in Capt. Robert Durkee's company of Wyoming Volunteers, attached to Col. John Durkee's Regiment of Infantry in the American army. He died in service in March, 1777.
Seth, the second son, died in Lyme, Conn., in 1771, in the 23d year of his age.
* See page 225, ante.
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Silas, the third son, was killed in the battle and massacre at Wyoming, July 3d, 1778.
Elisha was the youngest son. He married, in 1786, Ro- sanna Jameson, daughter of Robert and Agnes Jameson, who came to Wyoming from Voluntown, Windham county, Conn., in 1776.
In December, 1780, Elisha Harvey was made a prisoner by the Indians, in one of their incursions into the Valley, and conveyed to Canada. He was detained there until August, 1782, when he was enabled to return to his home. Exposure to the severe climate of Canada, harsh treatment by his captors, etc., broke down his constitution and event- ually caused his death, which occurred in Plymouth town- ship, March 14th, 1800, at the age of 42 years. The Wilkes- barré Gasette of March 18th, 1800, in referring to his death, said, among other things :
" For his uprightness, he lived much esteemed by all who knew him; and died not less lamented. Notwithstanding his agricultural pursuits forbid him to mix so much with men as some, yet his virtues were many, and his exemplary conduct not less distinguishable. * And when called to bid adieu to sublunary enjoyments, he was re- signed to the sleep of death, with the comfortable hope of awakening among the blest of God."
His wife, three sons, and two daughters survived him. The eldest son, Benjamin, born May 9th, 1792, married Sally, daughter of Abram Nesbitt, of Plymouth township, July 9th, 1815. In the Spring of 1816 he moved from Plymouth to Huntington township, Luzerne county, where he owned a large tract of land and a grist-mill. Here he lived the bal- ance of his life, a prosperous and wealthy farmer and man of business. He died in 1873, at the age of 81 years, respected and beloved by all who knew him.
His eldest son and second child, ELISHA B. HARVEY, the subject of this sketch, was born in Huntington township, October Ist, 1819. He remained at home until the Fall of 1837, when he entered the Grammar School connected with
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Dickinson College, Carlisle, Penn'a. He remained there nearly a year, and then became a student in the Franklin Academy, near Harford, Susquehanna county, Penn'a.
Among his fellow students at this Academy were several who in later life became men of prominence-Galusha A. Grow, of Susquehanna county, Chas. R. Buckalew and Thomas Bowman, of Columbia county, Penn'a, and others.
Subsequently he attended the Academy of "Deacon" Dana in Wilkesbarré, and early in August, 1841, at the age of 22, he entered the Freshman class at Wesleyan Univer- sity, Middletown, Conn., in which institution his cousin Harvey B. Lane was, at that time, Professor of Latin and Greek.
While in College, in 1843, he was instrumental in estab- lishing at Wesleyan the E chapter of the " }' Fraternity- one of the three great College Societies of the country. He was also a member of the @ B A Society.
Among his fellow students and most intimate friends in College were several young men who afterwards attained eminence in the world-E. O. Haven, Bishop of the M. E. Church, and his cousin Rev. Gilbert Haven, author and editor ; James Strong, D. D., Professor in Drew Theological Seminary, and author of "Harmony of the Gospels," etc .; Hon. Dexter R. Wright, of Connecticut; Hon. Cornelius Cole, U. S. Senator from California, 1867-73 ; Orange Judd, Esq., of New York, and Prof. Alexander Winchell, the scientist.
Mr. Harvey was a faithful and energetic student, and was graduated from the University with honor in the Summer of 1845, receiving the degree of A. B. (Three years there- after the degree of A. M. was conferred upon him by his Alma Mater.)
In September, 1845, he became Professor of Latin and Greek in the Wyoming Seminary, Kingston, Penn'a, then in the second year of its existence, under the Rev. R. Nel-
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son, as Principal. W. W. Ketcham-subsequently a prom- inent member of the Luzerne County Bar, and later a U. S. District Judge-was Professor of Mathematics in the Seminary at the time, and among the students who recited to Professor Harvey were several young men who after- wards became well-known citizens of Luzerne county and of Pennsylvania-Henry M. Hoyt, late Governor of Penn- sylvania, being one of them.
During the period of his connection with the Seminary, Mr. Harvey was registered as a student-at-law in the office of the Hon. Charles Denison,* Wilkesbarré, and when not engaged with the duties of his professorship he devoted his time to the study of Blackstone.
In June, 1846, he resigned his position at the Seminary, and soon thereafter entering in earnest on the study of the Law, was admitted to the Bar of Luzerne county, Novem- ber 4th, 1847. He remained in the office of Mr. Denison until the Fall of 1848, when he erected on North Franklin street a small frame building (now No. 13, and occupied by A. Darte, Jr., Esq.), in which he opened his office. There he attended to his professional duties (for a portion of the time in partnership with the late Washington Lee, Jr., Esq.), until 1860, when he erected a three-story brick building for store and office purposes, etc., on the opposite side of the street, on a portion of the ground now covered by the "Harvey Buildings," and in that building he had his office until his death.
While Mr. Harvey's profession was the law-and in it he worked for nearly twenty-five years, achieving much suc- cess-yet, from the start, he was almost continually inter- ested and engaged in other duties and pursuits which occupied much of his time. From early youth up he had a great fondness for military affairs. When only
* See page 255, ante, for sketch of Hon. Charles Denison.
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twenty years of age he was elected Captain of "The Hunt- ington Rifle Company," and at the age of twenty-nine he was elected, and commissioned for the term of five years, Lieutenant Colonel in the Pennsylvania Militia, command- ing the "Huntington and Union Volunteer Battalion," of Luzerne county. His commission expired on the Ist of June, 1854, and on the 4th of June he was elected Brigade Inspector of the 2d Brigade, 9th Division, Pennsylvania Militia, and commissioned for the term of five years.
In May, 1855, a military company was organized in Wilkesbarré, on the basis of the old "Wyoming Artillerists," and to bear the same name. E. B. Harvey was elected Captain, and commissioned for a term of five years. He held the offices, and performed the duties of Brigade In- spector and Captain of the "Artillerists" until July, 1859, when he was elected Major General of the 9th Division, Penn- sylvania Militia. The following October the election was contested, and because of certain informalities in conducting the election it was decided that General Harvey had not received a sufficient number of legal votes to elect him. The election was therefore declared void, and a new one ordered to be held.
The great Rebellion of the Southern States was formally opened by the attack on Fort Sumter, April 12th, 1861. On the day of the fall of Sumter President Lincoln issued a proclamation calling for 75,000 militia from the several States of the Union, to serve three months in the war against the rebels. A requisition having been made on the Commonwealth of Pennsylvania for fourteen regiments, Capt. E. B. Harvey began, on the 22d of April, 1861, the formation of a company of infantry to be called " The Wilkesbarre Guard." Eighty-seven men were soon enlisted, and they offered their services to the State Gov- ernment. May 5th, Governor Curtin notified Captain Har- vey that his company could not be accepted, as Pennsylvania's
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quota of troops under the President's call had already been furnished-in fact, that 25 instead of 14 regiments were in the field. Consequently the " Guard" was disbanded. Nearly all of those who had enlisted under Captain Harvey subse- quently enlisted in various companies and served with credit -and many with distinction-in the United States service. Following are the names of some of those who signed the " Round Robin" of "The Wilkesbarré Guard": N. Pierson, Levi G. McCauley, L. B. Speece, Oscar F. Nicholson, James M. Kesler, Fred. M. Shoemaker, E. A. Hancock, Jno. P. Fell, Miller H. Gilchrist, Chas. M. Conyngham, Sam'l A. Urquhart, S. D. Lewis, Jr., and Chas. W. Garretson.
The Legislature of Pennsylvania passed, on May 15th, 1861, an Act providing for the organization of the "Reserve Corps of the Commonwealth," to consist of fifteen regi- ments.
The Governor immediately issued a proclamation setting . forth the number of companies that would be required from each county in the Commonwealth. On the promulgation of this proclamation, Captain Harvey began to organize a company of volunteers at Wilkesbarré. In a very few days he had gathered about him seventy sturdy and resolute men, many of whom were from the south-western part of Lu- zerne county, Captain Harvey's early home, where he was well known and respected.
The company adopted the name of "The Wyoming Bank Infantry," and on June 13th left Wilkesbarré for Camp Wayne, West Chester, Chester county, Penn'a, where, on June 26th, the 7th Regiment of the Reserve Corps was organized with three companies from Philadelphia, two each from Cumberland and Lebanon counties, one each from Perry and Clinton, and Captain Harvey's company from Luzerne.
Captain Harvey was elected Colonel of the regiment, his competitor for the office being Capt. R. M. Henderson, of
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Carlisle, who was a prominent member of the Bar of Cum- berland county, and is now President Judge of the 12th Judicial District of Pennsylvania. Joseph Totten was elect- ed Lieutenant Colonel, Chauncey A. Lyman, Major, and A. B. Sharps and Charles A. Lane were respectively appoint- ed Adjutant and Quarter Master.
In the Wilkesbarre Record of the Times of July 6th, 1861, was the following :
"It is reported that Captain E. B. Harvey has been elected Colonel of the 7th Reserves. This is a good selection, as the force has few men of equal ability with Colonel Harvey, and any order entrusted to him in active service will not fail for want of effort on his part, and his men will follow him to the cannon's mouth if others fall behind."
The Seventh remained at Camp Wayne until the battle of Bull Run was fought, at which time a requisition was made by the National Government on the State of Pennsyl- vania for the immediate service of its Reserve Corps. In response to this urgent demand 11,000 of these troops were rapidly sent to Washington. The Seventh left West Ches- ter, July 22d, for Washington, via Harrisburg and Baltimore. The following is an extract from the Chester County Repub- lican of July 26th, 1861 :
"We cannot part with this accomplished officer [Colonel Harvey] without saying how firmly he has fixed himself in the esteem of our citizens. He is no fancy officer, but a thoroughly practical man, attending to every department of his command, and by his devotion to the interests of his officers and men gaining their entire confidence and respect. *
* * * No better man stands at the head of any regiment than Colonel Harvey, and we have the utmost faith that in the future he will be heard from as being as brave in the field as he has been effective in getting his regiment under the best possible discipline and drill at Camp Wayne."
On July 27th, the regiment being encamped at Washing- ton-in Camp Harvey, about two miles north-west of the Capitol-the officers and men were mustered into the serv- ice of the United States, and became a part of the Army of the Potomac. Every member of the regiment, with a single
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exception, voluntarily took the oath of allegiance. This man, a Philadelphian, was stripped stark naked by his offi- cers and sent adrift. Colonel Harvey, learning of this fact, reproved the officers for their treatment of the man, and sent for him to furnish him with clothing, but he could not ·be found.
The regiment's first experience of active service was at Great Falls, on the Potomac above Washington, where they did picket duty for two weeks, the skirmishers of the regi- ment being face to face with, and in close proximity to, those of the enemy. General McCall, commanding the Reserve Corps, reported to General McClellan at this time concerning the "Seventh:" "It numbers 902 men. The internal condition of the regiment is good. It is very well drilled." On the 9th of September the regiment returned to Tennallytown, near Washington. Previous to leaving Great Falls Colonel Harvey received the following letter :
"HEAD QUARTERS, CAMP AT DAMSTON, 9th September, 1861.
"MY DEAR SIR :- I am happy to acknowledge the receipt of your report this morning. It represents affairs on this side the river quiet, and is thus very satisfactory. It is with regret I learn you are to leave the post where you have so thoroughly discharged your impor- tant duties ; but wherever you go you will bear with you my entire confidence and best wishes.
"Very truly yours, [Signed] "N. P. BANKS, "Maj. Gen'l 5th Corps, Army of the Potomac. " To Col. Harvey, com'd'g 7th Reg't Pa. Vols."
On the 9th of October the Reserve Corps advanced from Tennallytown into Virginia, where it was made the right of the Army of the Potomac, which position it held until the close of the Peninsular campaign. Soon after this they went into winter quarters at Camp Pierpont, Virginia.
It will not be possible, in this brief sketch, to give in detail the military record of Colonel Harvey. It is sufficient
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to say that he remained in camp with his regiment during the Winter of 1861-62 and the succeeding Spring, working diligently and persistently to bring his command up to the highest standard in drill and discipline; and that his efforts were crowned with very great success.
In December, 1861, the war correspondent of the Phil- adelphia Inquirer wrote to that paper: "Col. E. B. Har- vey, of Wilkesbarré, commands the '7th.' He is a thorough soldier and a perfect gentleman, and through his energy the ' 7th' has become one of the best disciplined regiments in the Reserve Corps."
Gen. A. S. Webb, in his "History of the Peninsular Cam- paign," published in 1881, says: "The Army of the Poto- mac never lost the reputation of being the best disciplined, best equipped, and most efficient army on this continent."
General McCall's Division-the Reserve Corps-was an important factor of this army in the Peninsular campaign. Colonel Harvey commanded the 7th Regiment through this campaign, participating in all the engagements in which his command took part.
The first great conflict (Mechanicsville) in the Seven Days' battle before Richmond, fell upon the Reserves, who, almost single-handed, breasted the torrent of the attack. General McCall, in his official report of the battle, said: "I despatched the 7th Regiment, Colonel Harvey, to the ex- treme left, apprehending that the enemy might attempt to turn that flank. Here they maintained their position, and sustained their character for steadiness in fine style, never retiring one foot during a severe struggle with some of the very best troops of the enemy, fighting under the direction of their most distinguished General [R. E. Lee]."
"In the battles at Gaines' Mill, Charles City Cross Roads, and Malvern Hill, Colonel Harvey's command fought with a determination and bravery unsurpassed, the flower of the regiment being cut down in these sanguinary struggles."
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