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 31
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Doctor Urquhart died suddenly at his home in Wilkesbarré, De- cember 19th, 1896. At the time of his death he was Wilkesbarre's oldest physician, and the oldest Past Master of LODGE 61. He is survived by one son-George Urquhart, Jr. (who was initiated into LODGE 61 March 5th, 1894)-and by a daughter.
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work, and while our good intentions were recognized and appreciated, we heard most emphatic intimations that some of our best dramatic efforts would not pass muster, or be tolerated in this jurisdiction- whereupon we most solemnly promised and declared that we were loyal to Pennsylvania, that we would at once familiarize ourselves with the work authorized by the R. W. G. L. of Penn'a, and that our loyalty should never be called in question ; and that thenceforth we should abandon what was considered more properly as belonging to the drama or the stage .*
As a man, Brother Lewis combined a suavity of manner with the better susceptibilties of manhood ; and his humanity was found in the greatest delicacy of good breeding joined to principles founded in rea- son and supported by virtue.
LODGE 61 was instituted February 18th, 1794; and now, in round- ing out the first one hundred years, it is doubtful if we can find on the register of our venerable Lodge the name of one who has discharged more important duties in it, or whose personal excellence and bene- ficial influence is more generally admitted, than that of our late and beloved Past Master, Sharp D. Lewis. May this reference incite others to say something of personal interest to this fraternity.
As a Brother, his memory is endowed with unusual interest, for he was full of years and honors richly earned by a life constantly em- ployed in promoting and securing the best interests of this Lodge, and of the community in which he lived. He was untiring in his efforts to support the dignity of the Oriental Chair, to which he brought the capacity and personality wherewith he adorned other stations, which showed his readiness and ability in forwarding beneficial enterprises. Furthermore, his memory is cherished by us for that unflinching integ- rity of purpose, that simplicity and benevolence of heart, and that kindness of nature which give his name a lasting lustre."
* See page 112, ante.
TOTYPE
F ZUTEKUNST
PILADA
MON. GARRICK MALLERY, L.L. D.
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HON. GARRICK MALLERY, LL. D.
Peter Mallery, or Mallory, came to America from Lon- don, England, with the Rev. Theophilus Eaton's company, arriving at Boston in 1638. He signed the New Haven (Conn.) Plantation Covenant in 1644. He had eleven chil- . dren, and Peter, his second child and eldest son (born July 27th, 1653), was the father of twelve children.
Thomas Mallery, fifth child and second son of Peter the first, was born at New Haven April 15th, 1659. He mar- ried Mary Umberfield March 26th, 1684, and they had three sons-the second being Thomas, born January 11th, 1685.
The names of Peter, Thomas, Daniel, and John Mallery appear in the list of proprietors of New Haven, 1685. The family name appears on the early records (1670-'97) of the colony generally Mallery ; also Malery, Mallary, and Mal- ary. In later times it appears as Mallory. "With the characteristic freedom of the early Puritan settlers, the name is often spelled differently in the same instrument" or record.
Thomas Mallery, 2d, removed to Woodbury (now in Litchfield county), Conn., and was the first of the name in that ancient town. He married in January, 1706, Elizabeth Bartlett, who died November 5th, 1719; and he died July 2Ist, 1783, aged ninety-eight and a-half years.
Amos Mallery, born at Woodbury September 22d, 1755, was the third child of Gideon, who was the third child of Thomas, 3d, who was the second child of Thomas, 2d. Amos was a farmer, and about the year 1807 moved to Jef- ferson county, N. Y. He was married three times, and had eleven children. (" There seems to have been in most of the Mallery stock a marvelous productive vitality !")
GARRICK MALLERY, the fourth child of Amos, was born at Middlebury (part of ancient Woodbury), April 17th, 1784. At the age of twenty he entered the Freshman class at Yale College, and was graduated in 1808 with the degree
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of A. B. The statement has been printed somewhere that John C. Calhoun was his class-mate in college; but that is not true, as Calhoun was graduated from Yale in the class of 1804.
In March, 1807, the Wilkesbarré Academy was incorpo- rated, and received from the State an appropriation of $2000. The incorporators-seventeen in number-who were leading citizens of the village, composed the first Board of Trustees. Among them were: Rev. Ard Hoyt, Lord Butler, Jesse Fell, Rosewell Welles, Matthias Hollenback, Capt. Samuel Bowman, Arnold Colt, and Charles Miner. The trustees obtained from the Commissioners of Luzerne county permis- sion to use for a school building the old log Court House,* in which Chief Justice McKean and other prominent judges had held court, and which had been removed to the north side of the Public Square to make room for what was then styled the new Court House. The trustees clapboarded the building, and raised a cupola on the roof, in which was hung a 50-lb. bell. The school was opened in the Summer of 1807, and was a success from the start.
About a year later the trustees requested President Dwight of Yale College to send them "an active, intelligent, and competent teacher and graduate" to serve as principal. The Doctor sent them Garrick Mallery, who had just completed his college course, and he was employed at a salary of $800 a year. Under his management and control the school advanced to considerable eminence, and soon many students from abroad came to the little borough of Wilkesbarré, which, although then containing a population of only about six hundred souls, could boast of possessing more talent and literary culture within its limits than any other village or borough in Pennsylvania.
In the old log Academy instruction was given in Greek, Latin, mathematics, and all the higher English branches ;
* See note, page 30, ante.
=
THE OLD WILKESBARRÉ ACADEMY.
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and nearly all the men who, two or three decades' later, shed upon this region lustre and honor, were taught or ed- ucated there. The energy and vigor which young Mallery brought to his work, gave the Academy an impetus which carried it along even after he had severed his connection with it. S. D. Lewis, in his Appendix to Chapman's "His- tory of Wyoming," published in 1830, said of the Academy : "It has deservedly acquired a high reputation. It generally contains from 25 to 30 students of both sexes pursuing the higher branches of learning. Latin and Greek are taught, and numerous young men have been prepared to enter Northern colleges."
Upon coming to Wilkesbarré Mr. Mallery had begun the study of law under the direction of Rosewell Welles, Esq.,* then the leader of the Luzerne Bar. In June, 1810, he resigned his position as Principal of the Academy, de- voted all his time to his law studies, and August 8th, 1811, was admitted to practice. The same month he received from Yale College the degree of A. M. From January Ist to May 4th, 1812, he was again in charge of the Academy, and then William Jennison became Principal.
From 1813 to January, 1817, he practiced law in partner- ship with his former preceptor, Mr. Welles. At that period the lawyers of the Luzerne Bar practiced before the Courts of all the neighboring counties, and performed legal services for the people of the whole surrounding country. Mr. Mal- lery's reputation as a young lawyer of great ability and legal acumen soon spread throughout Northern Pennsylvania, and he became a rising man-prompt, industrious and inde- fatigable, and respected by all who knew him for his talents, his honesty, and his strict integrity.
In 1825 he was appointed by the State Legislature a com- missioner, with George M. Hollenback and Calvin Wad- hams, to rebuild the Wilkesbarré bridge.
* See note, page 35, ante.
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He resisted the allurements of political life, and pursued with steady application the work of his profession until the year 1826, when, yielding to the solicitation of his numerous friends, he consented to stand as a candidate for the State Legislature. Without a party nomination, he was elected by a handsome majority ; and was re-elected in 1827, 1828, and 1829. He was distinguished in the Legislature for his great public services. He introduced the law which gave to mortgages their priority. He was Chairman of the Com- mittee of Ways and Means, and of other important commit- tees, and was especially noted as the father of the internal improvements on the Susquehanna. Charles Miner wrote in 1845: "It is conceded that to Garrick Mallery, with George Denison and David Scott, we owe, in a great degree, all that is beneficial in our system of internal improvements -especially as regards Northern Pennsylvania." Stewart Pearce, in his "Annals of Luzerne County," says (page 471) : " Garrick Mallery and George Denison, men of brilliant talents and great influence in the halls of legislation, were sent [to the General Assembly] for the express purpose of securing speedy action in reference to the commencement of the North Branch Canal. Their efforts, strenuously di- rected to that end, were successful, and on their return home they were welcomed by a grateful constituency, who gave them a public dinner at the Phoenix Hotel, Wilkesbarré."
Mr. Mallery was also largely instrumental in establishing the penitentiary system of Pennsylvania. The Legislature, by Act of March 20th, 1821, authorized the construction of the Eastern Penitentiary, at Philadelphia, to be arranged for "the individual treatment system of convict punishment"- the adoption of which system was ably advocated by Gar- rick Mallery when he became a member of the Legislature. The corner-stone of the prison was laid May 22d, 1823. The entire reformation of Pennsylvania's penal code -- by the substitution of separate and solitary confinement at labor
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for every penitentiary offense-was not completed, however, until 1829, in which year the first prisoner was incarcerated in the new penitentiary.
From May, 1828, to May, 1829, Mr. Mallery was Bur- gess of Wilkesbarré. In November, 1830, he was elected President of the Wyoming Bank, Wilkesbarré, being the second incumbent of that office; but he resigned the follow- ing May. In January, 1830, he was offered by Governor Wolf the position of President Judge of the 12th Judicial District of Pennsylvania, composed of the counties of Dau- phin, Lebanon, and Schuylkill ; but he declined the appoint- ment, not only from considerations of a private nature, but also from an unwillingness to abandon his seat in the Leg- islature.
In May, 1831, he was appointed by Governor Wolf Pres- ident Judge of the 3d Judicial District, comprising the coun- ties of Northampton, Lehigh, and Berks. Mr. Mallery accepted the office at the request of the Bar of the district, and also as a favor to Governor Wolf, after urgent solicita- tion, and after once declining it. George W. Woodward, afterwards Chief Justice of Pennsylvania, who had studied law with Mr. Mallery and been admitted to the Bar August 3d, 1830, succeeded to most of the latter's practice upon his appointment to the Bench.
The affairs of the 3d Judicial District had not been well administered for years, and for some time it was necessary for Judge Mallery to hold court for twice the accustomed number of weeks, and to hold frequent night sessions. When he had brought the calendar up to date he resigned the judgeship-long before the expiration of the term of his ap- pointment. He had found that $ 1600 a year could not sus- tain the generous and hospitable style in which he chose to live; nor the honor compensate for the loss of a practice worth more than double his salary. While judge he resided first in Reading, and then in Easton.
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His judicial service has been spoken of as a model by the oldest lawyers of the old district. The late Hon. Hiester Clymer, a member of the Bar of Berks county, speaking in 1866 of Judge Mallery said : " More than thirty years ago Luzerne sent to Berks county Garrick Mallery, a man who is regarded as having no compeer, and who while in Berks exercised an influence and established a character acquired by no other man who had occupied a judicial position in his district."
There probably never sat in the State a more popular judge; that is, one in whose judgment, knowledge, impar- tiality, and go-through industry the public, the Bar, and suitors all had such perfect confidence.
Having resigned his commission in March, 1836, Judge Mallery took up his residence in Philadelphia on the 5th of November following, to resume the active practice of law. He was eminently successful, and almost immediately took rank among the most distinguished lawyers at the Bar. He was especially well acquainted with the mining and coal interests of the State, and this fact being known led to his acquiring the largest practice of any member of the legal profession in that particular line of work.
In 1838, with his brothers-in-law John L. and Lord But- ler, of Wilkesbarré, he began to operate in coal near Pitts- ton, Luzerne county. He did not, however, allow that business to interfere with his professional work. He also interested himself in various public matters, and was one of the founders of the Prison Discipline Society of Philadelphia, and for a time was one of the commissioners to receive sub- scriptions to stock for the completion of the North Branch Canal.
In 1840 he received from Lafayette College the honorary degree of LL. D.
The last cause in which Judge Mallery appeared in Phil- adelphia was the case of the Frankford and Bristol Turnpike
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Co. vs. the Philadelphia and Trenton R. R. Co., tried before Mr. Justice Thompson and a jury, at Nisi Prius, March 21st and 22d, 1866. Although, as he pleasantly remarked, he had "no standing in court"-referring to his age and chronic lameness-he delivered, leaning on a table, a most able and effective argument to the Court and jury. It was an impor- tant cause, and he obtained a verdict for his clients. His last appearance in Court, however, was in the ejectment case of Miller vs. the City of Philadelphia, tried at Pottsville be- fore Judge Ryan and a jury. This was in May, 1866, only about six weeks before Judge Mallery's death. The case was an important and hotly contested one, and lasted more than a week, and Judge Mallery, although eighty-two years of age, tried it with the greatest ability and power, and ob- tained a verdict for his client, the plaintiff.
In June, 1866, the Supreme Court of the State held a special session at Wilkesbarré-the first session of that Court ever held here-and the members of the Luzerne Bar tendered a dinner to the Judges of the Court and other in- vited guests on the evening of June 28th. It had been ar- ranged that Judge Mallery, the oldest member of the Luzerne Bar, should preside at the dinner ; but his physical infirmi- ties prevented him from journeying to Wilkesbarré. His absence was a source of general regret, and it was most interesting to notice the hearty and enthusiastic applause which the mention of his name evoked, and to observe the profound respect and affection entertained for him by all the gentlemen present. He was toasted in the following lan- guage: "GARRICK MALLERY-who, although absent in per- son on this occasion, is always present in the hearts of lawyers wherever they may be !"
Judge Mallery was thirty-seven years of age when he be- came a Free Mason. His petition for admission to LODGE 61 was received, and immediately referred to a committee
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of investigation, at a meeting held January 13th, 1821. The petition was as follows, and the original is still in existence :
"To the Officers and Members of Lodge No. 61, held at Wilkesbarre.
" GENTLEMEN : Having entertained a favourable opinion of your ancient fraternity and believing it to be a good and highly useful institution and calculated to promote the wel- fare and happiness of mankind, I offer myself a candidate to become a member thereof if I should be esteemed worthy. I am attorney at Law by profession, and I reside in the borough of Wilkesbarre.
"I am, Gentlemen, most respectfully,
" Yours, &c., GARRICK MALLERY."
For the report of the committee, and further proceedings, the reader is referred to page 49, ante.
Brother Mallery soon acquired a knowledge of the plan and design of the Masonic Institution, and, being able to appreciate the beauties and harmonies thereof, became an enthusiastic, intelligent and zealous Free Mason. He served as Worshipful Master of the Lodge in 1822,* 1823, 1824, and 1831. In the Summer of 1823 he was appointed, by Grand Master Josiah Randall, R. W. Deputy Grand Mas- ter for the district composed of the counties of Luzerne, Pike, Wayne, and Susquehanna. December 27th, 1823, he was reappointed to this office by Grand Master John B. Gibson, and he held it, by successive appointments, until his removal to Berks county in 1831. No one was appointed to succeed Brother Mallery, and the Luzerne District re- mained without a D. D. Grand Master until 1845, when Bro. Henry Pettebone of LODGE 61 was appointed to the office.
In the year 1831 the spirit of anti-Masonry, bitter and implacable in other parts of the Union, invaded Pennsylva-
* See page 51, ante.
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nia, and many of the prominent members of the Fraternity in this jurisdiction were selected for persecution and insult. It was indeed a time to make Masons tremble. Very few men ventured to join the Order with so dark a cloud hang- ing over it, and many of those who did belong feared the coming storm and tried to escape its fury. An open adhe- rence to the faith required a moral courage which many of its members were not capable of exhibiting. In January, 1836, many prominent Pennsylvania Masons were sum- moned to appear before the State Legislature to testify as to what they knew of Free Masonry. Judge Mallery was among the number,* but he refused to obey the summons. Others obeyed the summons but refused to testify.
Col. Garrick Mallery, a son of the Judge, in a letter to the writer some years ago, said : "My father was an enthu- siastic Mason all his life-often conversing with me on Ma- sonic subjects. He was much pleased that I entered the Order as soon as I was of age, and that I went through the chairs by election about as fast as could be done. Ma- sonry, he said, had all his heart! As he loved it in the past, he should love it to the close! In the last years of his life he bore testimony to its virtues, and to his devo- tion and faith." He left in the Lodge and out of it a repu- tation worthy of all praise, and a memory deserving of all honor-a Masonic record as noble as that of any of the distinguished Brethren who have ever occupied the Oriental chair in LODGE 61.
In private life Judge Mallery was a model of excellence, a pattern worthy of imitation. He was high toned, moral, pure, and correct-blending with a marked dignity of pres- ence, and a graceful manner, feelings of genial kindness and affection. He was about six feet tall, and of an emi- nently handsome blonde face, and had even until the day of
* See pages 92 and 93, ante.
P
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his death a fresh, clear complexion, and a good suit of hair .* When young he was thrown from a sulky, and had his leg broken. Being unskilfully set it became shorter than the other leg, and thus occasioned a permanent lameness.
As a lawyer, judge, and Master in Chancery-which last named office he held for several years by appointment of the Judges of the Supreme Court-Judge Mallery had few equals or superiors. His knowledge of the law was pro- found, and his power over a jury almost unlimited. "Such power would sometimes be productive of wrong were it un- accompanied with integrity and a high sense of justice. But such influence never does exist unless these characteristics are possessed by the advocate. In what may be called country districts this power is felt and exercised more than in large cities ; because in the former the juries are better acquainted with the character and professional standing of the lawyers who appear before them than are the latter."
Judge Mallery was a man universally esteemed, not only for his ability as a lawyer, but for his private worth and ele- vated character as a Christian gentleman. He was upright and strictly honest, both as a judge and counsellor ; a man whose eighty-two years of life were among his fellow men
"A theme `of honor and renown."
The late Hon. Benjamin Harris Brewster, former Attor- ney General of the United States, who in 1836-'38 was a law-student in the office of the Hon. Eli K. Price, LL. D., Philadelphia, said in an address before the Law Association of Philadelphia, November 15th, 1886 :
" With Mr. Price were two others who were my friends and stood in like relation to me ; gentlemen whose names I can hardly mention without a sense of sorrow-Judge Edward King and Garrick Mallery.
* The phototype of Judge Mallery, which accompanies this sketch, is from a portrait in oils which was painted about 1833 at the request of the Bar, when he was upon the Bench.
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They were of the same grand old school of lawyers as my dear pre- ceptor. They all honored each other ; they all encouraged me. And to this day I gratefully acknowledge the advantage that their friend- ship and wise counsel brought to me. Edward King was one of the most illustrious judges ever known in this Commonwealth. Ash- mead's Reports tell the history of his early career. Parsons' Reports show how he was the father of the equity of this State, and the penal and criminal laws of the State, compiled and prepared by him, show his wisdom and learning.
"What Mr. Price did for titles here in this city, Garrick Mallery did for that wilderness of confusion in nearly all the titles of the lands in Eastern Pennsylvania, beginning with the coal region and running to the New York line. Indeed they were great old lawyers, all of them ; and the works of their lives will remain as a lasting benefit to the pub- lic they served. I could not close this address without thus bringing in conjunction these three able, good, and admirable men."
The following interesting letter relative to Judge Mallery was written to the author of this book by the Hon. Eli K. Price (the eminent lawyer and honored citizen above referred to), when in the eighty-sixth year of his age :
" PHILADELPHIA, May 17th, 1883. .
"DEAR FRIEND :- I have your request of the 14th 'for a brief sketch of Judge Mallery's personal habits, peculiarities, tastes, etc.' I have now no recollection of what I said at the Bar meeting here of July 9th, 1866. I have yet, however, a vivid recollection of the Judge, his person, habits, and peculiarities. I knew him well from 1836 to 1866; practiced with him, before and against him; joined him in giving opinions ; transacted business of importance with him, and rode with him behind his fast Vermont light dun horses, during thirty years. He much enjoyed riding and driving, and he was excusable ; for owing to his lameness he could not otherwise have maintained his strength to endure his extensive practice. * * *
" When I first knew Judge Mallery he stood full five feet ten-but not so high when his age and lameness increased ; was muscular, well-proportioned, with body and head erect. He became less so un- der the wear of great business, some troubles and losses, and an infirmity that compelled the use of a cane that towards the last seri- ously injured his hand with chronic soreness. His features were reg- ular, his eye bright, countenance bland. He had a kind and cheerful
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word for every acquaintance. Loss and trouble did not fret or break down his equanimity.
"The early history of your Butler Coal Mine was part of his history. To help the owners along I lent them ten thousand dollars as first mortgage on the mine, when Philadelphians did not lend so far off, except part of purchase. I did not lose by it. I followed his ardent spirit for pioneer improvements, in taking stock in the canal that was to connect the New York and Pennsylvania systems of canals, and did lose.
"The first case in which I was concerned with Mr. Mallery was that of Satterlee vs. Mathewson, and involved an important constitutional question, under the clause of the Constitution of the United States which forbids the States from passing any act to impair the obligation of contracts. One holding a Connecticut title in Bradford county, outside 'the Seventeen Townships' land, leased the land to one who afterwards bought the Pennsylvania title. In June, 1825, our Supreme Court held the landlord's title hostile to the State and worthless, and refused him the benefit of the principle that estops the tenant from setting up any title against his landlord. (See Vol. 13, Sergt. & Rawle, p. 133.) On the 8th April, 1826, the Legislature enacted ' that the relation of landlord and tenant shall exist, and be held as fully and effectually between Connecticut settlers and Pennsylvania claimants, as between other citizens of this Commonwealth on the trial of any cause now pending, or hereafter to be brought.' Thus the statute reversed the law, and the decision of the Supreme Court, and gave the possession and title to the other party before declared to have had no right or title (see 2 Peter's Rep., 381) ; and this divesti- ture of title the Supreme Court of the United States held not 'to im- pair the obligation of a contract,' in the patent of the State.
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